Request For Proposals For Purchase Of Real Property 14.2 +/- acres on the South side of West Maple Road, just West of

Wixom Road Wixom, Michigan

Walled Lake Consolidated 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

Facsimile (734) 994-5702 greatcgroup@aol.com

Table of Contents

I.Introduction – Proposal Process DescriptionII.Fact Sheet/Community Information III.Location/Site Maps IV.Zoning V.Survey / Concept Plan VI.Legal Documents

“The information contained in this Request For Proposals For Purchase Of 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 the Request For Proposals should independently confirm the accuracy of the information contained herein.”

I. Introduction – Proposal Process Description

“The information contained in this Request For Proposals For Purchase Of 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 the Request For Proposals should independently confirm the accuracy of the information contained herein.”

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

September 30, 2015

To: Prospective Purchasers

From: Great Northern Consulting Group

Re: Request For Proposals To purchase 14.2+/- acres on the South side of West Maple Road, just West of Wixom Road, Wixom, Michigan

Thank you for your interest in submitting a Proposal to purchase the above-referenced vacant real property owned by Walled Lake Consolidated Schools (the “School District”). The subject vacant property is a 14.2 +/- acre site and has 800 feet of frontage on West Maple Road (see Survey Section for further details). The property has a number of utility easements and easement for ingress and egress that are noted on the survey. The vacant land is located at 3515 West Maple Road, Wixom, Michigan (the “Property” or the “Site”).

The Property is currently zoned R-3 one-family residential. The R-3 single family zoning allows single family residential lots with a minimum of 80 feet of frontage and a minimum of 12,500 square feet of lot area. Under the R-3 zoning, the Property will accommodate approximately of 21 lots as shown in the Traditional Site Plan included within this Request For Proposals (“RFP”). The zoning also allows for an Open Space Plan with smaller lots and a potential density bonus of up to 25% if certain conditions are met. The City of Wixom Planning Consultant has indicated that in an ideal world the vacant parcel to the south would be connected via the existing easement for ingress and egress. Currently the easement is on the far west side of the Property. This may not be the ideal location for the easement, but any plan submitted for the Site should anticipate a future connection to the south somewhere along the back of the Site with a stub street and or easement for future connection. The School District desires the development to be family friendly and requires all Proposals to include a description of the project proposed for the Property, a concept plan proposed for the Site and elevations of the homes planned for the project.

Great Northern Consulting Group is marketing this Property for Walled Lake Consolidated Schools on a fee basis as consultants. The School District’s goal is to select one (1) developer to purchase the entire Property. However, the School District reserves the right to select one (1) or more purchaser for the Property. The School District is seeking Proposals to

purchase the Property that must be submitted to Kandice Moynihan, Manager of Finance and Purchasing, at the Educational Services Center, 850 Ladd Road, Building D, Walled Lake, Michigan 48390 on or before 3:00 P.M. Local Time on November 10, 2015. 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 AT ANY TIME. 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/Concept Plan; and (VI) Legal Documents.

Please note that the legal documents represent the form of agreement acceptable to the School District. The Offer To Purchase form must be completed prior to submittal to Walled Lake Consolidated Schools. 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 Proposal by the School District.

While Walled Lake Consolidated 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 Proposals(s). Walled Lake Consolidated Schools may request the finalists to make revisions to their Proposals that the School District deems necessary to select a successful purchaser(s).

Upon final acceptance of Proposal(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 representation 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 is representing Walled Lake Consolidated 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 Offer To Purchase on the form provided, and an Affidavit of Compliance- Iran Economic Sanctions Act, must be submitted to Kandice Moynihan, Manager of Finance and Purchasing at the Educational Services Center, 850 Ladd Road, Building D, Walled Lake, Michigan 48390 on or before 3:00 P.M. Local Time on November 10, 2015. 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 offers 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

“The information contained in this Request For Proposals For Purchase Of 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 the Request For Proposals should independently confirm the accuracy of the information contained herein.”

Walled Lake Consolidated Schools

RFP Fact Sheet

PROPERTY ID: #17-31-401-012

LOCATION: ON THE SOUTH SIDE OF WEST MAPLE ROAD, JUST WEST OF WIXOM ROAD

MUNICIPALITY: WIXOM, MICHIGAN

SIZE: 14.2 +/- ACRES

UTILITIES: ALL UTILITIES AVAILABLE. PLEASE SEE SURVEY FOR DETAILS ZONING: R-3 ONE FAMILY RESIDENTIAL

PRICE: NO MINIMUM PRICE HAS BEEN SET

TERMS: CASH

EASEMENTS: PLEASE NOTE ON SURVEY EASEMENTS FOR UTILITIES AND INGRESS AND EGRESS

RIGHTS OF OWNER: WALLED LAKE CONSOLIDATED 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 OFFER TO PURCHASE ON THE FORM PROVIDED, AND AN AFFIDAVIT OF COMPLIANCE - IRAN ECONOMIC SANCTIONS ACT, MUST BE SUBMITTED TO KANDICE MOYNIHAN, MANAGER OF FINANCE AND PURCHASING AT THE EDUCATION SERVICES CENTER, 850 LADD ROAD, BUILDING D, WALLED LAKE, MICHIGAN 48390, ON OR BEFORE NOVEMBER 10, 2015 AT 3:00 P.M. LOCAL TIME. 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 LIVONIA PUBLIC SCHOOLS. GREAT NORTHERN IS A FEE-BASED ADVISOR TO THE SCHOOL BOARD. BROKERS MUST LOOK TO PURCHASER FOR COMPENSATION.

203317462.2 21925/184929

City of Wixom

Elected Officials Contacts

Mayor: Kevin W. Hinkley Clerk: Catherine Buck E-mail: cityofwixom@wixomgov.org E-mail: clerk@wixomgov.org Phone: 248-624-0894 Phone: 248-624-4557 Deputy Mayor: Richard Ziegler City Manager: Clarence Goodlein

E-mail: cityofwixom@wixomgov.org E-mail: cityofwixom@wixomgov.org Phone: 248-624-4557 Phone: 248-624-0894

City Council

Email: cityofwixom@wixomgov.org Phone: 248-624-4557 Council Member: Nicholas Kennedy Council Member: Patrick Beagle Council Member: Thomas Rieznik Council Member: Michael Giddings Council Member: Lori Rich

Department Phone Directory

Assessor 248-624-3280 Debra Barker, Assessor Construction and Development 248-624-0880 Dennis Smith Community Services 248-624-2850 Deanna Magee

Finance 248-624-0885 Marilyn Stamper Fire Department 248-624-1055 Jeff Roberts, Chief

Police Department 248-624-6114 Clarence Goodlein

Public Works 248-624-0141 Tim Sikma Water and Sewer 248-960-0870 Richard Bacon

Tax Information

Homestead Non-Homestead Summer 2015: 37.6822 53.5161 Winter 2014: .7561 .7561 Total 2014/2015: 38.4383 54.2722

Source: City of Wixom

III. Location/Site Maps

“The information contained in this Request For Proposal For purchase Of Real Property is offered as an accommodation to the prospective purchaser. 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 the Request For Proposal should independently confirm the accuracy of the information contained herein.”

Location

Aerial

IV. Zoning

“The information contained in this Request For Proposal For purchase Of Real Property is offered as an accommodation to the prospective purchaser. 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 the Request For Proposal should independently confirm the accuracy of the information contained herein.”

CH

AR

MS R

D

CHARMS RD

CHARMS RD

WIXO

M R

DW

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RD

LOON LAKE RD

LOON LAKE RD

LOON LAKE RD

BEC

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W MAPLE RD

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TWELVE MILE RD

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Bruce

EvonaEvona

Progress Dr.

Enterprise Dr.

Shafer Dr.

Trillium Ct.

GreenBriar Ct.

Ando

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ver D

r.

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Chanticlair Circle

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Wren R

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Shewbird

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COE R.R.

COE R.R.

COE R.R.

C&0 R.R.

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Otter Ct.Vixen Ct.

Pheasant Run East Dr.

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Frank St.

Lorie Ln. Anna Ct.

Wainstock

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Corran Dr. Corran Ct.

Palmer Dr.

Palm

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Branch Dr.

Bran

ch C

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Arbor Ave.

Benn i ngton Dr.

Fox Hollow Ct.

Balsum Ct.

Sibley Ct.

Renton St.Renton St.

Wenona Dr.

Pawnee D

r.

Wenona dr.

Bell Coney

Oak Creek

Oak C

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Oak C

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Martin Rd.

Avante Dr.

Seagull Rd.

Wexford Dr.

Dow

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r.

Dow

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Baywood D

r.

Weyhill D

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Hopkins Dr.

Hopkins D

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Lyonia Ave.

Lyonia Ave.

West Olanta

West Nalone

Qualla Ave.

Castlewood

Ham

pton Ct.

Roxbury Run

White Trail

Mulberry Ct

G.T.W. R.R.

Warrior Dr.

Warrior D

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Warrior Dr.

Mettala D

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Woodbridge Ln. G

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Cartier Dr.

Cartier C

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Anthony Dr.

Downing St.

Liberty Dr.

Liberty Dr.

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Rothbury Dr.

Rothbury D

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Grasmere Ln.

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Parkvie

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Apache Trail

Apache Trail

Indian Trail

Flamingo R

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Anderson Ct.

Helfer Blvd.

Helfer Blv

d.

Cham

bers St.

Loon Lake Rd.Loon Lake Rd.

Brentwood D

r.

Cliffside Dr.

Maplew

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Pine

cres

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Morning D

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Pheasant Run

West D

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Pond View D

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Partridge Dr.

Cranberry Ct.

Cent

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West Tech D

r.

Devonshire D

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Delphine Dr.

Delphine Dr.

Warrington Dr.

Devonshire D

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Willow

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Huntingdon D

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Huntingdon D

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Windingw

ay Dr.

Win

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East Euna Ave.

Fairfield Ave.Fairfield Ave.

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Dr. Bennington Dr.

Castlewood Dr.

Hedigham

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Hedigham

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Teaneck Circle

Teaneck Circle

Beec

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Woodbridge Ln.

Bishop Terrace

Chownings Glen

Wixom Tech Dr.

Grand O

aks Ct.

Barberry CircleBarberry Circle

Lake Ridge Ave.

Forrest Bay Ct.

Nightingale R

d.

Trailside Blvd.

Trailside Blvd.

Nightingale R

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SouthCreek

Dr.

Blue Heron Lane

South Creek Dr.

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Center O

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East Olanta Ave.

East Nalone Ave.

Kenneport Cir.

Morning D

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Thimbleberry Ct.

Alpha (PVT.) Ct.

Alpha (PVT.) Dr.

Tow

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Oakland O

aks Ct.

Hickory H

ill Ave.

Clover C

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Cha

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Kings

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Wenona

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Pheasant Run

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Woodb

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Merriweather

Maple Rd.

Loon Lake Rd.

Beck Rd.

Beck Rd.

Beck Rd.

Beck Rd.

Beck Rd.

Beck Rd.

Beck Rd.

West Rd.West Rd.West Rd.

Beck Rd.

Beck Rd.

Wixom

Rd.

Wixom

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Wixom

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Map

le R

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Maple Rd.Maple Rd.

Wixom

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Wixom

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Maple Rd.

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ixom R

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ixom R

d.W

ixom R

d.W

ixom R

d.W

ixom R

d.W

ixom R

d.W

ixom R

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Wixom

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Charms Rd.

Charms Rd.Charms Rd.

Potter Rd. Potter Rd.

Napier R

d.

Loon Lake Rd.

Loon Lake Rd.

Loon Lake Rd.

Pontiac Trail Pontiac Trail Pontiac Trail Pontiac Trail Pontiac Trail

Twelve Mile Rd.Twelve Mile Rd. Twelve Mile Rd. Twelve Mile Rd.

Grand River Ave.

Grand River Ave.

Grand River Ave.

Ryan Ct.

Theodore Rd E

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sen

Ct.

Cameron Ct.

RM-1/PUD

M-2

IRO

RM-1

B-3

MHP

FS

FS

IRO

B-3B-3

R-3

M-1

R-3

R-3R-3

I-S

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M-1

M-1

M-1

RM-2

VCA

RM-2

R-3

R-3

R-3R-3

RM-2

B-2 B-2

B-3

R-4

R-2

OS-1

Gunner MettalaPark

R-3

R-2

RM-2

R-3

R-4

Gilbert WillisPark

Hickory HillsGolf Course

R-3R-3

R-2

OS-1

R-2R-3R-3

B-2

B-2

R-2

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R-2

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4

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6

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30

31

29

32

20

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§̈¦I-96

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Loon LakeTwin Sun

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GallagerLake

Scale: 8

CONSENT JUDGMENTS

Rigg Investment #1 / Nov., 1988 Allowed NE 4.8 Acres to be developed for commercial use consistent with B-2 zoning and the balance (41.42 Acres) with 224 resid. condo units in 8 bldgs. Actual development resulted in 20.86 acres being platted into 79 lots [3.8 units / acre] with an avg. lot size equal to 7,950 sq.ft.

T. William Berube / Aug., 1993 City agreed to re-zone 2.83 acres from M-1 to I-S

Singh Const. Co. / Mar., 1997 Trails of Loon Lake property allowed to be developed under the Subdivision Open Space Option > 45.58 acres were platted into 95 lots [2.08 units/ acre] with avg lot size equal to 11,446 sq.ft.

Basim Abdelnour et alli / Nov., 2006 Allowed SE corner of Wixom and Loon Lake Roads to be developed for a commercial use that conforms to one of three conceptual plans approved as part of the Consent Judgment - Allowed uses are limited to medical office, daycare and a bank or a combination with additional limitations on gross bldg. floor area and bldg. height. Zoning remains RA-1 until rezoned.

1

2

3

4

June 24th, 2015

June 24th, 2015

Map Issue Date:

Base Map Current as of:0 1,250 2,500625 Feet

Zoning District Legend(20,000 sq.ft)One-Family Residential R-1

One-Family Residential (12,500 sq.ft) R-3

One-Family Residential ( 7,200 sq.ft) R-4

Multiple-Family Residential RM-1( 9 units/acre)Approx.

Multiple-Family Residential RM-2(12 units/acre)Approx.

Manufactured Home Park MHP

Local Business B-1

Community Business B-2

General Business B-3

Freeway Service FS

Industrial Service I-S

Village Center Area VCA

Office Service OS-1

Industrial Research Office IRO

Light Industrial M-1

General Industrial M-2

Planned Unit Development Overlay PUD

One-Family Residential (15,000 sq.ft) R-2

CITY OF WIXOM, MICHIGAN

TITLE 18 OF THE ZONING ORDINANCE

ONINGZ APM

Chapter 18.03 - RESIDENTIAL DISTRICTS

Sections:

18.03.010 - Intent.

A. R-1, R-2, R-3 and R-4 One-Family Residential Districts. The R-1, R-2, R-3 and R-4 one-family residential districts are intended to provide for an environment of one-family detached dwellings in a quiet neighborhood setting along with other residentially related facilities which serve the residents in the district. The districts provide for a range of low to moderate density one-family residential dwellings to meet the housing needs for various residents, and provide a range of housing prices.

B. RM-1 and RM-2 Multiple-Family Residential Districts. The RM-1 and RM-2 multiple-family residential districts are designed to provide sites for multiple-family dwelling structures, and related uses, which will generally serve as zones of transition between the nonresidential districts and lower-density one-family districts. The multiple-family residential districts are further provided to serve the needs for various age groups, income levels and lifestyles.

C. These residential districts are intended to achieve the following:

1. Provide for future residential development that is of a density and character that is compatible with adjoining, existing neighborhoods.

2. Distinguish between levels of residential density in order to promote a mixture of lot sizes, neighborhood design, housing types and income levels.

3. Ensure that new residential development possesses the important elements of a quality neighborhood such as sidewalks, street trees, access to parks and recreation, and prominent front entryways to homes.

4. Link new neighborhoods to existing neighborhoods through connecting street and sidewalk systems that offer a consistent streetscape theme.

5. Accommodate open space for active and passive recreation in neighborhoods.

6. Facilitate innovative neighborhood design, open space preservation and high-quality neighborhoods.

7. Enforce zoning, building code, and property maintenance standards to ensure that the condition of housing units does not deteriorate thereby preserving investment and maintaining the desirability of neighborhoods.

(Ord. 08-05 § 1 (part), 2008)

18.03.020 - Schedule of uses.

Use and development of land and buildings shall only be for the following specified uses, unless otherwise provided for in this title. Land and/or buildings in the districts indicated at the top of Table 3.02 may be used for the purposes denoted by the following abbreviations:

P: Permitted Use: Land and/or buildings in this district may be used for the purposes listed by right.

SLU: Special Land Use: Land and/or buildings in this district may be used for this purpose by obtaining Special Land Use approval when all applicable standards cited in Chapter 18.18, Special Land Use Review Requirements and Procedures and specific standards of Section 18.03.040 are met.

NP: Not Permitted: The use is not permitted in the district.

Page 1

Requirement: Provides reference to additional requirements or conditions applicable to that specific use.

Table 3.02

Schedule of Uses

Use R-1 R-2 R-3 R-4 RM-

1

RM-

2 Requirement

Residential Uses

One-family detached dwellings P P P P P P Section

18.03.030

Two-family dwellings NP NP SLU SLU P P

Townhouses/attached one-family dwellings NP NP NP NP P P

Multiple-family dwellings/apartments NP NP NP NP SLU P

Agricultural Uses

Farms P P P P P P

The raising and keeping of horses and other livestock P P P NP NP NP Section

18.03.040(A)

Roadside stands for the sale of garden produce raised

on the premises P P NP NP NP NP

Section

18.03.040(B)

Public and Institutional Uses

Churches and other places of worship and other

facilities normally incidental thereto, excluding "large-

scale churches"

SLU SLU SLU SLU P P Section

18.03.040(C)

Cemeteries which lawfully occupied land at the time of

adoption of the ordinance codified in this title P P P P P P

Public, parochial and other private elementary schools

offering courses in general education P P P P P P

Page 2

Public, parochial and private intermediate or secondary

schools offering courses in general education SLU SLU SLU SLU P P

Colleges, universities and other such institutions of

higher learning, public and private, offering courses in

general, technical or religious education

SLU SLU SLU SLU P P Section

18.03.040(D)

Uses and buildings of the municipality (without storage

yards) P P P P P P

Utility and essential public service buildings and uses

(without storage yards), when operating requirements

necessitate the locating of such building within the

district in order to serve the immediate vicinity

SLU SLU SLU SLU P P

Recreational Uses

Private noncommercial recreational areas, institutional

or community recreation centers, nonprofit swimming

pool clubs

SLU SLU SLU SLU P P Section

18.03.040(E)

Publicly owned and operated libraries, parks, parkways

and recreational facilities P P P P P P

Golf courses SLU SLU SLU SLU P P Section

18.03.040(F)

Human Care Uses

Adult Foster Care Facilities

Adult foster care family homes (6 or fewer adults 24

hours per day) P P P P P P

Section

18.03.040(G)

Adult foster care small group homes (12 or fewer adults

24 hours per day) SLU SLU SLU SLU P P

Section

18.03.040(G)

Adult foster care large group homes (13 to 20 adults 24

hours per day) NP NP NP NP P P

Section

18.03.040(G)

Page 3

Adult foster care congregate facilities (more than 20

adults 24 hours per day) NP NP NP NP SLU SLU

Section

18.03.040(G)

Child Care Facilities

Foster family homes (4 or fewer children 24 hours per

day) P P P P P P

Foster family group homes (5 to 6 children 24 hours per

day) P P P P P P

Family day care homes (6 or fewer children less than 24

hours per day) P P P P P P

Group day care homes (7 to 12 children less than 24

hours per day) SLU SLU SLU SLU P P

Section

18.03.040(H)

Child care or day care centers NP NP NP NP SLU SLU

Child caring institutions NP NP NP NP SLU SLU

Adult day care facilities NP NP NP NP SLU SLU

Adult day care homes SLU SLU SLU SLU P P Section

18.03.040(I)

Senior housing (apartments, assisted living, senior

independent living) NP NP NP NP SLU SLU

Section

18.03.040(J)

Nursing homes and convalescent homes NP NP NP NP SLU SLU Section

18.03.040(J)

Hospice NP NP NP NP SLU SLU

Accessory Home Business Uses

Home occupations P P P P P P Section

18.03.040(K)

Page 4

Garage sales P P P P P P Section

18.03.040(L)

Bed and breakfast inns SLU SLU SLU SLU SLU SLU Section

18.03.040(M)

(Ord. 08-05 § 1 (part), 2008)

18.03.030 - Residential dwelling units.

All one-family residential dwelling units shall be subject to building permit requirements and review by the building official based upon the following requirements:

A. Dwelling units shall conform to all applicable city codes and ordinances. Any such local requirements are not intended to abridge applicable state or federal requirements with respect to the construction of the dwelling.

B. If the dwelling unit is a manufactured home, the manufactured home must either be: (1) new and certified by the manufacturer or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Dept. of Housing and Urban Development, as amended, or any similar successor or replacement standards which may be promulgated, or (2) used and certified by the manufacturer and/or appropriate inspection agency as meeting the standards referenced in subsection (B)(1) of this section, and found, on inspection by the building official, to be in excellent condition and safe and fit for residential occupancy.

C. Dwelling units shall be permanently attached to a perimeter foundation. In instances where the applicant elects to set the dwelling on piers or other acceptable foundations which are not at the perimeter of the dwelling, then a perimeter wall shall also be constructed. The perimeter wall shall be constructed of durable materials and shall also meet all local requirements with respect to materials, construction and necessary foundations below the frost line. The perimeter wall shall also provide an appearance which is compatible with the dwelling and other homes in the area. Any such home shall be anchored by an anchoring system approved by the city.

D. Dwelling units shall be provided with an exterior building width to depth and depth to width ratio that does not exceed three to one, or is in reasonable conformity with the configuration of dwelling units on adjacent properties or in the surrounding residential neighborhood. All dwelling units shall have minimum width and depth dimensions of twenty feet each.

E. Dwelling units shall have a roof with a minimum four to twelve pitch and minimum eight-inch eave, and with a gutter drainage system that will collect and concentrate the discharge of storm water or snow away from the sides of the dwelling. The roof shall have wood shake, asphalt or other acceptable shingles, and meet the snow load standards for southern Michigan. The roof pitch requirement may be waived by the building official for specific architectural styles that do not typically have pitched roofs, such as modernistic or international style buildings.

F. The dwelling unit shall contain storage capability in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or one hundred square feet, whichever is less.

G. Dwelling units with habitable basements, whether finished or unfinished, shall provide escape windows that meet the city building code.

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H. Bars shall not be put over windows and doors that are visible from the street.

(Ord. 08-05 § 1 (part), 2008)

18.03.040 - Specific standards applicable to uses.

Uses allowed in the residential districts shall be subject to meeting the following specific requirements applicable to that use:

A. Raising and Keeping of Horses and Other Livestock. The raising and keeping of horses and other livestock shall be permitted where there is a minimum of three acres for the first animal and one acre for each animal thereafter. The animals shall not be housed within one hundred feet of a property line of a platted subdivision lot or within one hundred feet of a dwelling on any adjoining unplatted parcel.

B. Roadside Stands for the Sale of Garden Produce Raised on the Premises. The raising of garden produce for sale on the premises may be permitted, provided a zoning permit is obtained from the building official. Permits shall be issued for one year periods subject to yearly renewal, provided structures or buildings are properly maintained. Buildings and structures for which permits are not renewed shall be dismantled as directed by the building official. Building permits shall be issued for any structures or buildings. Buildings, structures, and displays shall not be located in the public road right-of-way.

C. Churches and Other Places of Worship. Churches, and other similar places of worship and other facilities normally incidental thereto; provided that the uses do not meet the definition of "large-scale churches," shall be subject to the following requirements:

1. Off-street parking spaces and drives or aisles shall not be located within twenty feet of the front lot line, which shall be landscaped as a greenbelt meeting the requirements of Section 18.14.020. Off-street parking spaces and drives or aisles shall not be located within twenty feet of a side or rear lot line when such lot line abuts a residential district. This minimum setback area shall be landscaped as a buffer zone meeting the requirements of Section 18.14.020.

2. Principal buildings shall have a setback of at least fifty feet.

3. All accessory buildings shall have a setback of at least fifty feet from any residential district unless such district is occupied by an existing use other than a dwelling.

4. Storage of buses, trucks and maintenance equipment shall be entirely within a totally enclosed building.

5. There shall be no outside loudspeaker or amplified sound outside of a totally enclosed building, except for church bells, call to prayer or other similar purpose.

D. Colleges, Universities, and other such Institutions of Higher Learning. Colleges, universities and other institutions of higher learning offering courses in general, technical or religious education, public or private, and not operated for profit, shall be permitted provided all buildings are setback a minimum of eighty feet from all lot lines.

E. Recreational Areas, Recreation Centers and Clubs. Private noncommercial recreational areas, institutional or community recreation centers, and nonprofit swimming pool clubs shall be subject to the following requirements:

1. The site for a recreational use that is intended to serve areas beyond the immediate residential neighborhood of residents shall have at least one property line abutting a major thoroughfare as designated on the city of Wixom master plan.

2. Front, side and rear yards shall be at least eighty feet.

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3. Off-street parking shall be provided so as to accommodate not less than one-half of the member families and/or individual members. The planning commission may approve a reduction in the off-street parking requirements in those instances where it is specifically determined that the users will originate from the immediately adjacent areas and will, therefore, be pedestrian or other justification for reduced parking. Prior to the issuance of a building permit or zoning compliance permit, bylaws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have bylaws or formal membership, the off-street parking requirement shall be determined by the planning commission on the basis of usage.

4. All swimming pools shall be provided with a protective fence four feet in height and entry shall be provided by means of a controlled gate.

F. Golf Courses. Golf courses, which may or may not be operated for profit, shall be subject to the following requirements:

1. All principal and accessory buildings shall be set back a minimum of two hundred feet from any property line abutting residentially zoned lands, provided that where topographic conditions are such that buildings would be screened from view, the planning commission may reduce this requirement.

2. Fairways and driving ranges shall be oriented in such a manner and set back a sufficient distance to prevent golf balls from being hit outside the perimeter of the golf course.

3. All swimming pools shall be provided with a protective fence four feet in height and entry shall be provided by means of a controlled gate.

G. Adult Foster Care Facilities. A copy of the state of Michigan license shall be submitted to the city with the special land use application. A copy of the license should be predominately displayed on the premises. The licensee shall immediately notify the city of any change in, or loss of, the license.

H. Group Day Care Homes. Group day care homes shall be subject to the following requirements:

1. An on-site drive shall be provided for drop-offs/loading. This drive shall be arranged to allow maneuvers without affecting traffic flow on the public street.

2. There shall be a fenced, contiguous open space with a minimum area of one thousand five hundred square feet provided on the same premises as the group day care home. The required open space shall not be located within a required front yard.

3. A copy of the state of Michigan license shall be submitted to the city with the special land use application. A copy of the license should be predominately displayed on the premises. The licensee shall immediately notify the city of any change in, or loss of, the license.

I. Adult Day Care Homes. Day care homes for elderly adults shall be subject to the following requirements:

1. Not more than twelve persons, other than the full-time occupants of the dwelling, may be cared for in any one dwelling.

2. Certification shall be provided from the Michigan Association of Day Care Providers to ensure safety and quality of care.

3. The facility shall not provide nursing or medical care.

J. Senior Housing, Nursing Homes and Convalescent Homes. Independent senior housing including senior apartments and condominiums, and dependent senior housing including assisted living, nursing homes and convalescent homes for seniors, shall be subject to the following requirements:

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1. Independent senior housing and senior apartments may be developed in a multiple-family or cluster housing form with full facilities for self-sufficiency in each individual unit. A community center for this overall development may be provided.

2. Senior assisted living housing shall be developed in a multiple-family housing form with central dining facilities provided as a basic service to each unit. A community center for the overall development shall be provided to support recreational and social activities.

3. The following minimum requirements shall be provided for the senior housing types permitted in subsections (J)(1) and (J)(2) of this section:

Table 3.04

Senior Housing Requirements

Independent Seniorl

Housing/Apartments

Dependent Senior

Housing

Density—same as RM-2 RM-2

Minimum Usable Floor Area

One bedroom 500 sq. ft. 350 sq. ft.

Two bedroom 600 sq. ft. 450 sq. ft.

Building Setbacks and Height—same as RM-2 RM-2

Off-Street Parking

Residents space/unit .5 space/unit

Guests .25 space/unit .25 space/unit

Maximum Percent Coverage of Site

Buildings 30% 35%

Parking 15% 10%

Minimum Open space 60% 50%

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4. Personal service uses such as a dry cleaning pickup station, beauty shop, barbershop or similar use for the exclusive service to residents of a complex may be allowed in RM-2 and VCA districts within a housing development. In no instance shall such service use be provided with direct access to a street for the use of the public in general, it being the purpose of this provision to allow such use to only be provided as a convenience to occupants of the complex in which such service is located. No signs of any nature shall be visible from outside the building in which the use is located.

K. Home Occupations. Home occupations shall be subject to the following requirements:

1. Home occupations that create the following conditions shall not be permitted:

a. Changes the outside appearance of the dwelling or is visible from the street;

b. Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood;

c. Creates noise, vibration, glare, fumes, odors or results in electrical interference, or becomes a nuisance;

d. Results in outside storage or display of anything including signs;

e. Requires the employment of anyone in the home other than the dwelling occupant;

f. Requires exterior building alterations to accommodate the occupation;

g. Occupies more than twenty-five percent of the ground floor area of the dwelling and may not occupy a detached accessory building;

h. Requires parking for customers that cannot be accommodated on the site and/or not exceeding one parking space at curbside on the street;

i. Requires the delivery of goods or the visit of customers before six a.m. and after eight p.m.

2. The following are permitted home occupations, provided they do not violate any of the provisions of the previous paragraph:

a. Dressmaking, sewing and tailoring;

b. Painting, sculpturing or writing;

c. Telephone answering;

d. Home crafts, such as model making, rug weaving and lapidary work;

e. Tutoring, limited to a maximum of four students at a time;

f. Computer application, not including sale of computers;

g. Salesperson's office or home office of a professional person;

h. Laundering and ironing, with outdoor drying of clothing prohibited;

i. Repair of clocks, instruments or other small appliances which do not create a nuisance due to noise, vibration, glare, fumes, odors or results in electrical interference;

j. Barber shops, beauty shops and similar personal service establishment, limited to one operator;

k. Other home occupations similar to the above.

3. Any proposed home occupation that is not specifically permitted by subsection (K)(2) of this section shall be considered a special land use and be granted or denied upon consideration of those standards contained in subsection (K)(1) of this section and under the procedures specified in Section 18.18.020.

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4. Home occupation permits shall be limited to the applicant who legally resides in the residence.

L. Garage Sales. Garage sales or yard sales shall be permitted as an accessory use on a residential lot, provided a permit is obtained from the city and the total time of all garage sales shall not exceed fourteen days within a calendar year.

M. Bed and Breakfast Inns. Bed and breakfasts shall be subject to the following requirements:

1. Bed and breakfast operations as a subordinate use to one-family dwelling units are subject to city licensing provisions.

2. Such dwellings shall meet all applicable codes and ordinances of the city, county and state.

3. Floor plans drawn to scale of all floors to be utilized for bed and breakfast activities shall be submitted to the city.

4. Buildings shall be suitable in character for the use proposed and shall not be cause for a change in character of the neighborhood.

5. The dwelling shall have not more than six sleeping rooms available for guests of the bed and breakfast dwelling.

6. There shall be no separate cooking facilities provided for the bed and breakfast occupants. Meals, other than those served as a part of the normal operation of the household, shall be served only to occupants of the bed and breakfast facility.

7. Approved smoke detectors/alarms shall be provided in individual sleeping units and in common hallways.

8. Emergency egress lighting to assure continued illumination for a duration of not less than one hour in case of emergency or primary power loss.

9. An approved fire extinguisher in the common hallway accessible to all occupants.

10. Every sleeping unit shall have at least one operable window approved for emergency egress or rescue, except where the sleeping unit is provided with a door to a corridor having access to two remote exits in opposite directions.

11. Occupancy shall be of a transient nature for periods not to exceed one week in duration in any one month by any transient occupant. A guest registry indicating name, address, phone number, and vehicle license number, shall be kept indicating dates of arrival and departure of guests and shall be available to the city for inspection upon request.

12. An unlit sign not exceeding six square feet in area may be provided. Such sign may be provided as a ground sign or a wall sign, except in the VCA district, where the sign must be a wall sign.

13. Off-street parking shall be provided based upon one space for each rental room and one space for the operator of the facility. It is the city's intent to not encourage yards to be destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking. In those instances where parking requirements cannot be met, the applicant may request special consideration from the planning commission. In such a case the applicant shall submit an analysis of parking required and parking provided within a three-hundred-foot radius of the subject parcel. After analyzing this data, the planning commission may lower the number of the required parking spaces based on the fact that sufficient off-street parking exists in the neighborhood.

(Ord. 08-05 § 1 (part), 2008)

18.03.050 - Height and placement requirements.

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Table 3.05 delineates the height, bulk, and setback requirements pertaining to the zoning districts regulated by this chapter. Notes to the schedule of regulations follow.

Table 3.05

Schedule of Residential Regulations

Zoning

District

Minimum Zoning

Lot Size per Unit

Maximum

Height of

Structure

Minimum Yard

Setback (In Feet) (E,

F)

Minimum Floor

Area per Unit

(Sq. Ft.) Maximum %

of Lot Area

Covered By

Buildings

Lot Area

Per Unit

(Sq. Ft.)

(A, B, C)

Lot

Width

(Feet)

In

Stories

In

Feet

Front

(G)

Side

(Each/

Total)

Rear

(H)

Total

Floor

Area

Ground

Floor

Area

R-1 one-

family

residential

20,000

(D) 90 (D) 2 30 35 6/20 40 1,400 700 25%

R-2 one-

family

residential

15,000

(D) 90 (D) 2 30 35 6/16 35 1,400 700 30%

R-3 one-

family

residential

12,500

(D) 80 (D) 2 30 35 6/16 35 1,150 600 30%

R-4 one-

family

residential

7,200 (D) 60 (D) 2 30 25 6/12 (I) 30 960 600 30%

RM-1

multiple-

family

residential

3,200 — 2 30 30 (J) 10/20

(J)

30

(J)

500

(K) — 30%

RM-2

multiple-

family

residential

2,400 — 3 40 30 (J) 10/20

(J)

30

(J)

500

(K) — 30%

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A. Density. Maximum density shall be based upon the number of units per net buildable acre of the site. The following factors shall be utilized in determining the net buildable area of the site:

1. Land within the one hundred-year floodplain and regulated wetlands shall be calculated at twenty-five percent toward the total net buildable site acreage (i.e., four acres of wetland equals one net buildable acre).

2. All submerged land below the ordinary high-water mark of a lake, creek, or stream and public rights-of-way shall be excluded from the net area calculation.

B. Condominium Developments. One-family detached condominiums in condominium subdivisions shall meet all minimum requirements and standards of the district in which such dwellings are to be constructed, including minimum floor area requirements. Where condominiums are developed without individual site condominium lots, the number of dwelling units per gross acre shall not exceed the following:

1. R-1: 2.0 dwelling units per gross acre;

2. R-2: 2.2 dwelling units per gross acre;

3. R-3: 2.6 dwelling units per gross acre;

4. R-4: 4.5 dwelling units per gross acre.

C. Recreational Area. Areas and facilities for recreation purposes shall be provided as follows:

1. All land area provided for recreation space may be used in computing dwelling unit density and shall be provided and developed in accordance with Table 3.05.B. Land area shall be

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provided and developed for recreation purposes in all subdivisions, condominiums and multiple dwelling projects as follows:

a. One-Family Developments. A minimum of one thousand square feet of land area per dwelling unit.

b. Multiple-Family Developments. A minimum of four hundred square feet of land area per dwelling unit.

Table 03.05.B

Required Recreational Area

Development

Size

(in dwelling

units)

Number of

Recreation Sites Minimum Improvements

Up to 100

units 1 Playground equipment, picnic facilities

101 to 200

units Min. 1 Max. 2

Playground equipment, picnic facilities, tennis courts

or active recreation facility

201 to 400

units 2

Playground equipment, picnic facilities, pathways,

tennis court, field sports area or active recreation

areas

401 to 600

units Min. 2 Max. 3

Two playground equipment areas, picnic facilities,

pathways, at least two tennis courts, clubhouse and/or

swimming pool, field sports area

Over 600 units

Min. 2 Max 4 plus 1 additional

area for each 300 units in

excess of 600 units

Three playground equipment areas, picnic facilities,

pathways, at least three tennis courts, swimming pool

and clubhouse, field sports area

2. The planning commission, in its review of the site plan, may modify recreational improvement requirements in those instances where it can be shown that equally appropriate recreation facilities are to be provided in place of specific improvements designated in Table 3.05.B.

3. The homeowners association or development owner shall be responsible for the maintenance of the recreational facilities.

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D. Open Space Plan. See Section 18.03.070 regarding flexibility allowances.

E. Institutional and Recreational Building Setbacks. For all uses permitted other than residential, the setback shall equal the height of the main building or the setback required in this section, whichever is the greater.

F. Condominium Setbacks. Where condominiums are developed without individual site condominium lots, the minimum yard setbacks shall be measured as the combined total of the setbacks between adjacent units.

1. The spacing between sides of units shall be the total of both side yard setbacks combined.

2. The spacing between two back-to-back units shall be the total of both rear yard setbacks combined.

3. The front yard setback shall be measured from the road right-of-way or easement. With a private road that does not have a minimum sixty-foot wide easement, the front yard setback shall be measured from the sidewalk along the street. Where sidewalks are not present, the setback shall be measured from a distance of thirty feet from the centerline of the street.

G. Corner Lot Front Yard Setback. There shall be maintained a required front yard setback on each street side of a corner lot. No accessory building shall project beyond the front yard line on either street. All regulations applicable to a front yard shall apply to both front yards of a corner lot. Both frontages shall be designed as front facades with windows or utilize side entry garages.

H. Stream Setback. All structures shall be a minimum of twenty feet from each side of Norton Creek and any other stream or established county drain unless a greater setback is required in this chapter.

I. R-4 Setbacks. Any new principal dwelling built after the effective date of the ordinance codified in this title shall provide a six-foot side yard setback. Existing dwellings with five-foot side yard setbacks shall be permitted to continue, provided any additions shall be setback six feet from the side lot line.

J. Multiple-Family Building Setbacks. The setback requirements indicated in Table 3.05 shall be measured from the perimeter of the overall site or development. Parking lots shall be set back a minimum of twenty feet from the front lot line and ten feet from the side, and rear lot lines. Setbacks internal to the site shall be as follows:

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1. There shall be at least thirty feet between any two multiple-family or senior housing buildings and at least twenty feet between buildings containing duplexes, townhouses or attached one-family residential units.

2. A minimum twenty-foot setback from all internal roads, drives and parking areas shall be provided for multiple-family or senior housing buildings; duplexes; townhouses; and attached one-family residential units.

3. Individual unit driveways shall have a minimum length of twenty feet between the building and a sidewalk for the parking of a vehicle without blocking the sidewalk.

K. Multiple-Family Storage Areas. All multiple-family dwelling units shall contain utility storage capability for such things as bicycles, sports equipment, barbecues, etc., in a basement located under the dwelling unit, in an attic area, in the living areas, not including clothing closet or in an accessory structure of standard construction similar to or of better quality than the principal dwelling. Such storage area shall be equal to ten percent of the square footage of the dwelling unit or one hundred square feet, whichever is less. An enclosed garage may be utilized to achieve this requirement.

(Ord. 08-05 § 1 (part), 2008)

18.03.060 - Development requirements.

A. Improvements. All residential developments, including one-family subdivisions, condominiums and multiple-family, shall be provided with improvements for streets and utilities as provided in the city's subdivision regulations contained in Title 16 and in the ordinance establishing engineering design standards for subdivisions and project improvements.

B. Site Plans. Site plans shall be submitted as provided for in Chapter 18.17, Site Plan Review Requirements and Procedures.

C. Access. All access to the site shall be in accordance with Section 18.15.050.

D. Utilities. Assurance shall be given that adequate utility services necessary to the development of the entire property will be provided. Utilities shall be located along the rear of the lot, except where the building official determines that utilities may not be located in the rear yard. Where utilities must be located in the front or side yard, landscape screening shall be provided for utility boxes. Any new utility lines shall be installed underground.

(Ord. 08-05 § 1 (part), 2008)

18.03.070 - Clustered open space development.

A. Intent. The intent of the clustered open space development is to promote the following objectives:

1. Provide for moderate density development of residential areas and thereby assist an overall city effort to provide for efficiency of city services, a reduction of transportation needs, and to provide a more desirable living environment by preserving the natural character of open fields, stands of trees, streams, wetlands, hills and similar natural assets.

2. Encourage a more creative approach in the development of residential areas.

3. Assure the permanent preservation of natural, social, cultural and/or historic resources.

4. Encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and allowing the property owner to preserve natural features on the site.

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5. Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage the development of recreational facilities.

B. Eligibility Criteria. To be eligible for clustered open space development consideration, the applicant must present a proposal for a residential development that meets all of the following:

1. A clustered open space development shall result in a recognizable and substantial benefit, both to the residents of the property and to the overall quality of life in the city. The benefits can be provided through site design elements in excess of the requirements of this chapter, such as extensive landscaping, unique site design features, preservation of woodlands and open space, particularly along major thoroughfares or lakes, buffering development from wetlands and provision of buffers from adjacent residential.

2. The site shall preserve significant natural features such as woodlands, significant views, natural drainage ways, regulated or nonregulated wetlands, or natural corridors that connect quality wildlife habitats which would be in the best interest of the city to preserve and which might be negatively impacted by conventional residential development.

3. The clustered open space development shall be designed to create a cohesive neighborhood through a network of spaces such as parks and common open space areas for recreation and resident interaction. All open space areas shall be equally available to all residents of the development.

4. The site shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.

5. The clustered open space development shall be consistent with and further the implementation of the city of Wixom master plan.

�

C. Density.

1. Residential density shall be determined by a parallel plan that illustrates how the site could be developed as a conventional subdivision with the underlying zoning district, meeting all applicable city zoning and subdivision requirements. Lots on the parallel plan shall meet the dimensional requirements required by Section 18.03.050, except in the R-1 district, the parallel plan shall be based upon eighteen thousand square foot lots. The parallel plan shall be

Page 16

submitted with the clustered open space development that contains all information required for a preliminary plat. The city shall review the design and determine the number of lots that could be feasibly constructed with a conventional subdivision. This number shall be the maximum number of dwelling units allowable for the open space cluster development.

2. The city council shall have the discretion to grant a density bonus of up to twenty-five percent, based upon the recommendation of the planning commission, for projects that meet the following requirements:

a. The amount of open space and usable recreational land provided is at least fifty percent more than the minimum requirement (i.e., thirty percent of the site must be open space and fifteen percent of the site must be usable recreation area).

b. The project will create a walkable neighborhood with a continuous pedestrian circulation system that links all areas of the development, links the development to other destinations in the surrounding area and is designed to facilitate a variety of transportation choices by providing alternatives to automobile travel.

c. The project takes advantage of compact design through clustering of development into a walkable scale neighborhood.

d. The development will preserve significant open space and natural features.

�

D. Dimensional Standards. All lots shall comply with the dimensional standards of the underlying zoning district, provided the lot area and width may be reduced in order to preserve a minimum of twenty percent of the total net site area as common open space (thirty percent with a density bonus) meeting the requirements of subsection F of this section.

1. All setback and other dimensional standards of Section 18.03.050 for the underlying zoning district shall be complied with. The site plan shall clearly illustrate the building envelopes for the dwellings and potential decks in accordance with Section 18.13.030. The planning commission may allow a reduction in setbacks for yards adjoining open space or to allow for clustering of dwelling units.

2. The attaching of one-family dwelling units, one to another, may be permitted when the homes are attached by means of a common party side wall.

a. No other common party wall relationship is permitted and the number of units attached in this manner shall not exceed four.

Page 17

b. Each unit shall have individual entrances.

c. The units shall meet all other setback requirements of the underlying zoning.

d. The spacing between the sides of groups of buildings shall be equal or greater than the combined total of two side yards required by Section 18.03.050.

3. The zoning board of appeals shall have no authority to grant variances to a clustered open space development site plan or any conditions placed by the city council. The zoning board of appeals shall have the authority to hear and decide appeal requests by individual lot owners for variances following final approval of the clustered open space development, provided such variance does not contradict the requirements of this section or any conditions placed on the approval of the clustered open space development.

E. Subdivision Requirements. The layout of the clustered open space development shall comply with the requirements of the subdivision regulations of the city (codified in Title 16). The site shall provide for interconnection of roads and the future integration of circulation between adjacent sites. All landscaping and nonmotorized pathway requirements of Chapter 18.14, General Site Development Requirements shall be met.

F. Open Space. A minimum of twenty percent of the total site area (thirty percent with a density bonus) shall be preserved as common open space for recreation or conservation and shall be exclusive of residential lots, road rights-of-way, stormwater detention ponds, required greenbelts, minimum building setbacks or other improvements. The open space shall be arranged on the site to meet all of the following requirements, provided the planning commission may modify these standards where it is demonstrated that additional natural features will be preserved elsewhere on the site:

1. At least one-half of the minimum required open space area, shall be usable upland that shall be improved to provide active or passive recreational use. Open bodies of water such as lakes, rivers, streams and ponds over five acres shall not be included in open space area calculations, but wetlands may be used to satisfy up to one-half of the minimum required open space area.

2. All wetlands and streams shall be preserved as open space.

3. Open space shall be located to minimize removal of woodlands.

4. A twenty-five-foot open space setback shall be provided from all floodplains, wetlands and streams.

5. Open space will be designed to include recreational trails, picnic areas, parks and greenways. The planning commission may permit recreational buildings within the open space. Golf courses may be permitted, provided the area of the golf course may not be used to satisfy the twenty percent minimum open space requirement.

6. Access shall be provided to areas dedicated for open space for those lots not bordering on such open space by means of streets or pedestrian access ways.

G. Open Space Protection. The dedicated open space shall be set aside by the developer through an irrevocable conveyance in a form approved by the city, such as: recorded deed restrictions, covenants that run in perpetuity with the land, or conservation easements. The conveyance shall assure that the open space will be protected from all forms of development and shall never be changed to another use.

1. Where deed restrictions are utilized for the protection of open space, the restrictions applicable to the open space shall not be amended. Final approval by the city council shall not be granted until the deed restrictions protecting the open space are recorded with the Oakland County Register of Deeds and copies are filed with the city.

2. A preservation and maintenance plan for the open space shall be submitted with the final preliminary plat or final condominium plan and shall include mechanisms for the long-term funding of open space preservation. The city may require performance guarantees or other

Page 18

funding mechanisms to ensure long-term maintenance of open space. Measures for protection of open space shall be put in place prior to issuance of any building permits.

3. Signs shall be posted by the developer delineating protected wetlands and conservation areas.

H. Approval Process.

1. Tentative Preliminary Plat or Site Plan.

a. A tentative preliminary plat or site plan shall be submitted for review and recommendation by the planning commission and approval by the city council.

b. The tentative preliminary plat or site plan shall include all information as required in the city subdivision regulations, codified in Title 16, for a tentative preliminary plat, plus the following additional information:

i. An aerial photograph of the entire site and all areas within one hundred fifty feet of the site, taken not more than one year prior to the date of the application.

ii. A second parallel development plan that shows the number of dwelling units that could be developed on the site with a conventional subdivision for the purpose of determining base density.

iii. Location and definition of function of both developed and undeveloped open spaces. Layout of recreational facilities shall be included on developed open spaces.

iv. Outline and depiction of major wooded areas and wetlands, and description of the means to be employed to preserve them.

v. Total site acreage and percent of total project in various uses, including developed and preserved open space.

vi. Total site density and density of detached and attached dwellings and percent of ground area covered by buildings.

vii. A table of the required modifications or deviations to the regulations which are otherwise applicable to the site.

c. The planning commission shall conduct a public hearing on the tentative preliminary plat or site plan. The planning commission shall review the plan and make a recommendation for approval or denial to the city council. Notice of the public hearing shall be in accordance with Section 18.21.110.

d. If the proposal meets the requirements of this title and the subdivision regulations of the city (codified in Title 16), the planning commission shall recommend approval of the tentative preliminary plat or site plan to the city council along with any conditions upon which approval should be based. If the proposal does not meet the requirements of this title, or the planning commission finds that approval of the proposal would be detrimental to existing development in the general area and should not be approved, the planning commission shall recommend denial to the city council along with the reasons therefore in the minutes of the planning commission. Notice of recommendation of approval or disapproval of the proposal together with copies of all layouts and other relevant information shall be forwarded to the city clerk.

e. The city council shall review the action of the planning commission together with relevant material submitted by the applicant. The city council may take action to approve or disapprove the tentative preliminary open space plan or may refer such plan back to the planning commission with direction for further review. The city council may also take concurrent action on any tentative preliminary plat or tentative preliminary condominium plan.

2. Reasonable conditions may be required with approval of a clustered open space development for the purpose of ensuring that public services and facilities affected by a proposed land use or

Page 19

activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources, ensuring compatibility with adjacent uses of land, promoting the use of land in a socially and economically desirable manner, and further the implementation of the city of Wixom master plan.

3. Final Preliminary Plat or Site Plan.

a. After approval of a tentative preliminary plat or site plan, the final preliminary plat or site plan shall be submitted for planning commission review and recommendation to the city council. The following shall be submitted for planning commission review and recommendation to the city council:

i. The final preliminary open space cluster development shall meet all requirements of the plan that was tentatively approved and meet all requirements for a final preliminary plat in the subdivision regulations of the city (codified in Title 16).

ii. Copies of all necessary county and state approvals shall also be submitted to the city.

iii. Copies of draft conservation easements, deed restrictions, protective covenants, master deeds, bylaws or other legal mechanisms to protect open space areas shall be submitted with the final preliminary plan.

iv. Copies of all easement documents in recordable form, as specified by the city.

b. If the final preliminary plat or site plan is recommended for approval by the planning commission, the plan shall be submitted to the city attorney for the preparation of agreements setting forth the conditions upon which the approval is based, the applicant's acceptance of the conditions and long-term maintenance of the open space. The agreement shall be finalized and approved by the city council prior to city council approval of the final preliminary site plan.

c. As a condition for the approval of the final preliminary clustered open space plan, the applicant shall deposit a performance guarantee in the amount of the estimated cost of the proposed improvements to the open land guaranteeing the completion of such improvements within a time to be set by the city. Performance guarantees shall be placed in escrow and returned to the applicant upon satisfactory completion of work, as specified in Section 18.21.100.

d. Detailed construction plans shall be submitted to the city for engineering review and approval prior to commencement of any construction or site grading.

e. Actual development of the open space shall be carried out concurrently with the construction of other improvements to serve the dwelling units. The city will require landscape improvement for the entire site frontage where such site abuts public streets as an initial site improvement even though such frontage is not part of an early stage of project development. The developer shall also be responsible for landscaping the right-of-way to the road curb along the site frontage. Development of the open space and installation of all the required landscaping must be completed prior to issuance of the final certificate of occupancy for the project.

4. Final Approvals. Final approvals shall follow procedures for approval of final plats or final condominiums, as applicable. In the case of a subdivision plat, final plats shall be submitted for approval by the city council in accordance with the subdivision regulations of the city (codified in Title 16). In the case of a condominium, final condominium as-built plans and Exhibit B drawings shall be submitted for approval by the city council in accordance with Section 18.17.070, condominium developments. The open space improvements shall be completed prior to final certificates of occupancy being granted for more than fifty percent of the dwelling units.

(Ord. 08-05 § 1 (part), 2008)

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V. Survey /Utility Survey/Concept Plans

“The information contained in this Request For Proposal For purchase Of Real Property is offered as an accommodation to the prospective purchaser. 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 the Request For Proposal should independently confirm the accuracy of the information contained herein.”

( R.O.W. Width Varies )W. MAPLE ROAD

( 60'

R.O

.W. )

MA

PLE

WO

OD

LA

NE

HE

DIG

HA

MB

LVD

.

NORTON CREEK

ALTA/ACSM Land Title /Topographic / Tree Survey

1 of 1

SCALE:

Part of the SE 1/4of Section 31T.2N., R.8E.City of Wixom,Oakland County, Michigan

Know what's belowCall before you dig.

R

Walled Lake ConsolidatedSchool District46740 W. Pontiac TrailWalled Lake, MI 48390

Contact: William Chafield248.956.3060 - Tel.248.956.3078 - Fax

Walled Lake ConsolidatedSchools - Vacant Parcel3515 W. Maple RoadWixom, MI 48393

SEAL

June 22, 2015

PROJECT

CLIENT

PROJECT LOCATION

SHEET

REVISIONS

DRAWN BY:

DESIGNED BY:

APPROVED BY:

DATE:

NF

NOWAK & FRAUS ENGINEERS

46777 Woodward Ave.

Pontiac, MI 48342-5032

Tel. (248) 332-7931

Fax. (248) 332-8257

civil Engineers

Land Surveyors

Land Planners

ENGINEERS

sheet no.

I611NFE JOB NO.

02550 25 50 75

NF

Site

Location Map

1" = 50'

NF

N

K. Navaroli

M. Carnaghi

TOPOGRAPHIC SURVEY NOTES

LEGAL DESCRIPTION -PER TITLE COMMITMENT

ALTA SURVEY NOTES

SITE DATA

TITLE REPORT NOTES

CERTIFICATE OF SURVEY

FLOOD HAZARD NOTE

BASIS OF BEARING NOTE

LEGEND

( R.O.W. Width Varies )W. MAPLE ROAD

HE

DIG

HA

MB

LVD

.

LOT 114,633.95 S.F.

LOT 212,565.57 S.F.

LOT 312,568.93 S.F.

LOT 415,009.74 S.F.

LOT 512,979.19 S.F.

LOT 612,952.65 S.F.

LOT 712,952.65 S.F.

LOT 913,769.71 S.F.LOT 10

14,193.76 S.F.LOT 11

17,328.26 S.F.

LOT 813,050.49 S.F.

LOT 1212,554.63 S.F.

LOT 1312,553.03 S.F.

LOT 1412,551.47 S.F.

LOT 1516,595.08 S.F.

LOT 1619,157.08 S.F.

LOT 1716,859.51 S.F.

LOT 1815,634.94 S.F.

LOT 1915,688.51 S.F.

LOT 2017,065.72 S.F.

LOT 2117,816.30 S.F.

DETENTION AREA

G. Ostrowski

NF

N

S

W E

SCALE:

Know what's belowCall before you dig.

R

SEAL

06-29-2015

PROJECT

CLIENT

PROJECT LOCATION

SHEET

REVISIONS

DRAWN BY:

DESIGNED BY:

APPROVED BY:

DATE:

NF

NOWAK & FRAUS ENGINEERS

46777 Woodward Ave.

Pontiac, MI 48342-5032

Tel. (248) 332-7931

Fax. (248) 332-8257

civil Engineers

Land Surveyors

Land Planners

ENGINEERS

sheet no.NFE JOB NO.

I611 PSP-1

02040 20 40 60

1" = 40'

G. Ostrowski

G. Ostrowski

SITE SUMMARYEXISTING SITE ZONING: R-3, SINGLE FAMILY DISTRICTEXISTING SITE AREA: 619,198.21 S.F. OR 14.22 ACRES (GROSS AREA)

581,780.23 S.F. OR 13.36 ACRES (NET - 60' R.O.W.)

MINIMUM LOT AREA: 12,500 S.F.MINIMUM LOT WIDTH: 80 FEETMINIMUM BLDG HT: TWO STORY, OR 30 FEET

BLDG LOT COVERAGE: 30%

REQUIRED YARDS FRONT: 35' SIDE: 6' EACH / 10' TOTAL REAR: 35'

R-3 Single Family Layout

Part of the SE 1/4of Section 31T.2N., R.8E.City of Wixom,Oakland County, Michigan

Walled Lake ConsolidatedSchool District46740 W. Pontiac TrailWalled Lake, MI 48390

Contact: William Chafield248.956.3060 - Tel.248.956.3078 - Fax

Walled Lake ConsolidatedSchools - Vacant Parcel3515 W. Maple RoadWixom, MI 48393

NF

N.T.S.

W. PONTIAC TRAIL

W. MAPLE ROAD

N. W

IXO

M R

OA

D

RAILROAD

MA

PLEW

OO

D

THEODORE

LOCATION MAP

SITE

VI. Legal Documents

x Offer to Purchase x Affidavit of Compliance- Iran Economic

Sanctions act

“The information contained in this Request For Proposal For purchase Of Real Property is offered as an accommodation to the prospective purchaser. 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 the Request For Proposal should independently confirm the accuracy of the information contained herein.”

OFFER TO PURCHASE REAL ESTATE

1. THE UNDERSIGNED Purchaser hereby offers and agrees to purchase the following land situated in the City of Wixom, Oakland County, Michigan, described as follows:

14.2 +/- acres, located on the South side of West Maple Road, just West of Wixom Road, commonly known as 3515 West Maple Road, Wixom, Michigan, Sidwell Number 17-31-401-012, more particularly described on Exhibit A attached hereto (the “Premises”),

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

THE SALE TO BE CONSUMMATED BY CASH SALE: Delivery of the Warranty Deed attached hereto and marked as Exhibit B conveying marketable title at Closing. 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 Old Republic National Insurance Company, through its agent Seaver Title Agency (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 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 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 or 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 or 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 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 “As Is”. 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 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.

7. It is understood that this Offer is irrevocable for forty five (45) days from the date hereof, and if not accepted by the Seller within that time, the Earnest Money Deposit shall be returned forthwith to the Purchaser. 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.

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

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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 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

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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 Paragraph 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 the City of Wixom 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 the City of Wixom 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(A) above.

D. PURCHASER ACKNOWLEDGES THAT ONCE THE INSPECTION PERIOD EXPIRES, PURCHASER HAS ACCEPTED THE PREMISES PURSUANT TO THIS PARAGRAPH AND PURCHASER TAKES THE PREMISES “AS IS”. EXCEPT AS PROVIDED IN PARAGRAPHS 11 AND 12 BELOW, SELLER HAS NOT MADE ANY REPRESENTATIONS 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 INJURIES, 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 PURCHASER MAY NOW OR HEREAFTER HAVE, KNOWN OR UNKNOWN, AGAINST SELLER RELATING TO THE PREMISES, THIS OFFER OR ARISING UNDER ANY FEDERAL, STATE, OR LOCAL LAW, REGULATION, ORDINANCE, OR

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CODE THAT RELATES TO THE PHYSICAL OR ENVIRONMENTAL 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, 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.

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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.

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.

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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”). To ensure Purchaser’s development of the Premises in accordance with the Concept Plan, Purchaser shall provide Seller with copies of any and all documents that it plans to submit to the City of Wixom 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.

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.

IN THE PRESENCE OF: PURCHASER:

_______________________________ _____________________________ By: _____________________________ Its:

Date:

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IN THE PRESENCE OF: SELLER: WALLED LAKE CONSOLIDATED SCHOOLS

_____________________________ By: ______________________________ Kenneth Gutman _____________________________ Its: Superintendent

Date: ____________________________

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EXHIBIT A

LEGAL DESCRIPTION

Land situated in the City of Wixom, County of Oakland, State of Michigan, and described as follows:

Part of the Southeast 1/4 of Section 31, Town 2 North, Range 8 East, City of Wixom, Oakland County, Michigan, described as commencing at the East 1/4 corner of said Section 31; thence North 86 degrees 55 minutes 00 seconds West, along the East and West 1/4 line of said Section and in part along the North line of York's Subdivision, as recorded in Liber 35, Page 51 of Plats, Oakland County Records, 821.50 feet to the point of beginning; thence South 01 degrees 45 minutes 40 seconds West 927.00 feet; thence North 66 degrees 50 minutes 16 seconds West, 858.42 feet; thence North 01 degrees 41 minutes 39 seconds East, 621.93 feet to the East and West 1/4 line of said Section 31 and the centerline of Maple Road (66 feet wide); thence along said line South 87 degrees 39 minutes 16 seconds East 800.00 feet to the point of beginning.

Tax Parcel ID: 17-31-401-012

Commonly known as: 3515 West Maple Road, Wixom, Michigan

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EXHIBIT B

WARRANTY DEED

This Indenture, made the ____ day of _______, 201__ between WALLED LAKE CONSOLIDATED SCHOOLS (hereinafter called the “Grantor”), whose address is 850 Ladd Road, Building D, Walled Lake, Michigan 48390, and__________________________________________________, (hereinafter called Grantee”), whose address is ________________________________________________________________. The Grantor hereby conveys and warrants to the Grantee the following described premises situated in the City of Wixom, Oakland County, Michigan, described as:

14.2 +/- acres, located on the South side of West Maple Road, just West of Wixom Road, commonly known as 3515 West Maple Road, Wixom, Michigan, Sidwell Number 17-31-401-012, more particularly described on Exhibit A attached hereto (the “Premises”),

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.

GRANTOR:

WALLED LAKE CONSOLIDATED SCHOOLS

By:________________________________________ Its:________________________________________

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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 Walled Lake Consolidated Schools, to me known to be the same person who executed the within instrument on behalf of Walled Lake Consolidated Schools, and who acknowledges the same to be the free act and deed of Walled Lake Consolidated 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: 17-31-401-012

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EXHIBIT C

RELEASE AND HOLD HARMLESS

The undersigned, in consideration of the permission of WALLED LAKE

CONSOLIDATED 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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203330174.1 21925/184929

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 offeror (“Offeror”), pursuant to the compliance certification requirement provided in the Walled Lake Consolidated School District’s (the “School District”) Request For Proposals (the “RFP”), hereby certifies, represents and warrants that the Offeror (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 Offeror is awarded the Offer To Purchase as a result of the aforementioned RFP, the Offeror will not become an “Iran linked business” at any time during the pendency of said Offer.

The Offeror 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.

OFFEROR:

Name of Offeror

By:

Its:

Date:

STATE OF ) )ss. COUNTY OF ____________ )

This instrument was acknowledged before me on the _____ day of ____________, 2015, by

__________________________.

, Notary Public

______________ County,

My Commission Expires:

Acting in the County of

203327379.1 21925/184929