Request For Proposals To Purchase Real Property 6.082 +/- Acres City of Troy, Michigan Troy School District

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 [email protected] Table of Contents

I. Introduction – Proposal Process Description II. Fact Sheet/Community Information III. Location/Site Maps IV. Zoning/Woodlands Ordinance/Open Space V. Survey/Wetlands Study/Lot Split/Concept Plan VI. Legal Documents

The information contained in this Request For Proposals To Purchase Real Property is provided as an accommodation to the prospective purchasers. It is believed to be correct, but no represen- tations or warranties as to its accuracy should be inferred or are made. Each party responding to this Request For Proposals should independently confirm the accuracy of the information con- tained herein. I. Introduction – Proposal Process Description

The information contained in this Request For Proposals To Purchase Real Property is provided as an accommodation to the prospective purchasers. It is believed to be correct, but no represen- tations or warranties as to its accuracy should be inferred or are made. Each party responding to this Request For Proposals should independently confirm the accuracy of the information con- tained 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 May 23, 2018

To: Prospective Purchasers

From: Great Northern Consulting Group

Re: Request For Proposals To Purchase 6.082 +/-acres located on the North side of Square Lake Road, East of John R Road, Troy, Michigan.

Thank you for your interest in submitting a Proposal to purchase the above-referenced vacant real property owned by the Troy School District (the “School District”). The subject vacant property is a 6.082 +/-acre site located on the North side of Square Lake Road, East of John R Road (the “Property” or the “Site”) (See Survey Section V for further details). The Site has 841.77 +/-feet of Square Lake Road frontage. The Site is part of a larger 70.647 +/-acre parcel. The 6.082 acre Property will be subdivided from its larger parent parcel prior to Closing. The balance of the parent parcel along with an additional 11.28 +/-acre parcel owned by the School District will remain as permanent open space. The Property is currently zoned R-1D one-family residential. The R-1D single family zoning allows single family residential lots with a minimum of 75 feet of frontage and a minimum of 8,500 square feet of lot area. Under the R-1D zoning, the Property will accommodate approximately of 17-20 lots. However, in 2016 the City of Troy created a Woodlands Ordinance that will potentially impact how the Site is developed.

Further, the City has adopted a new Cluster and Open Space Ordinance. The new Cluster and Open Space Ordinance allows for flexibility in lot size and layout and grants potential density increases if certain conditions are met by the successful purchaser. The Cluster Ordinance grants a 10% density bonus for every 10% of open space that is saved above the 20% required by the Ordinance. As the majority of the School District parent parcel will remain as open space this will allow for a significant increase in density on the Property, potentially up to 100%. Both of these documents are included in the Zoning Section IV of this RFP. The School District desires the development to be family friendly and requires all Proposals to include a concept plan proposed for the Site and elevations of the homes planned for the project Site. We have included a traditional/parallel plan in this RFP (See Concept Plan under Section V for further details). The School District requires that the prospective purchasers provide a plan that will create meaningful open space and buffer to the existing neighborhood within their Proposal.

The School District has received a Level 3 Wetland Identification Review on the entire 70.647 +/-acre site plus the additional 11.28 +/-acre site. The letter provided by the Michigan Department of Environmental Quality (“MDEQ”) indicates the 6.082 +/-acre Site being offered in this RFP has no regulated wetlands. We have included the MDEQ letter in the Survey Section V of this RFP. Great Northern Consulting Group is marketing this Property for Troy School District on a fee basis as consultants. The School District is seeking Proposals to purchase the Property that must be submitted to Rick West, Assistant Superintendent, Business Services, Troy School District, 4400 Livernois Road, Troy, Michigan 48098 on or before 3:00 P. M. Local Time on June 26, 2018. No phone, fax or electronic transmission Proposals will be accepted. If mailed, no responsibility is assumed for postal delays.

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

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

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

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

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

Upon final acceptance of Offer(s) there will be a 90 day period for physical due diligence (“Inspection Period”). There will then be an additional 90 days for government approvals, however the $25,000 earnest money deposit shall become nonrefundable after the initial 90 day Inspection Period. Many standard contingencies are included so that the purchaser may satisfy itself as to the Property’s suitability for development during the 90-day Inspection Period. Closing is anticipated to occur within 10 days after the expiration of the Inspection Period, or if extended, the Extension Period. Please note that we are making no representations regarding the suitability of this Property for any particular purpose. It is the purchaser’s sole responsibility to determine suitability during the Inspection Period. Within the constraints of this limitation, please address all questions regarding this Property to Great Northern Consulting Group.

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

Please note again that all Proposals, including a signed Proposal Form on the form provided and an Affidavit of Compliance-Iran Economic Sanctions Act, must be submitted to Rick West, Assistant Superintendent, Business Services, Troy School District, 4400 Livernois Road, Troy, Michigan 48098 on or before 3:00 P.M. Local Time on June 26, 2018. Any proposed changes/modifications to the form of Offer To Purchase provided in this package under Section VI MUST be specifically enumerated and be submitted as part of its Proposal, together with an explanation as to the reason such terms and conditions of the RFP or form of Offer To Purchase cannot be met. No phone, fax or electronic transmission Proposals will be accepted. If mailed, no responsibility is assumed for postal delays.

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

Respectfully,

Great Northern Consulting Group

William W. Bowman, IV

President II. Fact Sheet/Community Information

The information contained in this Request For Proposals To Purchase Real Property is provided as an accommodation to the prospective purchasers. It is believed to be correct, but no represen- tations or warranties as to its accuracy should be inferred or are made. Each party responding to this Request For Proposals should independently confirm the accuracy of the information con- tained herein. Troy School District RFP Fact Sheet

PROPERTY ID: PART OF 20-01-300-016

LOCATION: NORTH SIDE OF SQUARE LAKE ROAD EAST OF JOHN R ROAD

MUNICIPALITY: CITY OF TROY, OAKLAND COUNTY, MICHIGAN

SIZE: 6.082 +/- ACRES

UTILITIES: ALL UTILITIES AVAILABLE. PLEASE SEE SURVEY FOR DETAILS.

ZONING: R-1D ONE FAMILY RESIDENTIAL PRICE: NO PRICE HAS BEEN SET

TERMS: CASH NO SELLER FINANCING AVAILABLE

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

ALL PROPOSALS, INCLUDING A SIGNED PROPOSAL FORM, ON THE FORM PROVIDED, AND AN AFFIDAVIT OF COMPLIANCE- IRAN ECONOMIC SANCTIONS ACT, MUST BE SUBMITTED TO RICK WEST, ASSISTANT SUPERINTENDENT, BUSINESS SERVICES, TROY SCHOOL DISTRICT, 4400 LIVERNOIS ROAD, TROY, MICHIGAN 48098, ON OR BEFORE 3:00 P.M. LOCAL TIME ON JUNE 26, 2018. NO PHONE, FAX OR ELECTRONIC TRANSMISSION OFFERS WILL BE ACCEPTED. IF MAILED, NO RESPONSIBILITY IS ASSUMED FOR POSTAL DELAYS.

COMMISSION: NO REAL ESTATE COMMISSION TO BE PAID BY TROY SCHOOL DISTRICT. GREAT NORTHERN CONSULTING GROUP IS A FEE-BASED ADVISOR TO THE SCHOOL BOARD. BROKERS MUST LOOK TO PURCHASER FOR COMPENSATION. City of Troy Elected Officials Contacts

Mayor: Dane Slater Mayor Pro Tem: Edna Abrahim E-mail: [email protected] E-mail: [email protected] Phone: 248-524-3500 Phone: 248-524-3500

Manager: Mark Miller Clerk: Aileen Dickson E-mail: [email protected] E-mail: [email protected] Phone: 248-524-3330 Phone: 248-524-3516

Treasure: Sandra L. Kasperek E-mail: [email protected] Phone: 248-524-3333

City Council

Member: Ellen Hodorek Member: Ethan Baker E-mail: [email protected] E-mail: [email protected] Phone: 248-524-3500 Phone: 248-813-8331

Member: Dave Henderson Member: Ed Pennington E-mail: E-mail: [email protected] [email protected] Phone: 248-321-0151 Phone: 248-210-8835

Member: David Hamilton E-mail: [email protected] Phone: 248-524-3500

Department Phone Directory

Assessor 248-524-3311 Nico Licari, Assessor

Attorney 248-524-3320 Lori Grigg Bluhm

Building Department 248-524-3344

Code Enforcement 248-524-3359 Paul Evens, Zoning and Compliance Specialist

Community Affairs 248-524-1147 Cindy Stewart, Director

Economic Development 248-524-3314 Glenn Lapin, Economic Development Specialist

Engineering 248-524-3383 Steve Vandette

Finance 248-524- 3411 Lisa Burnham, Accounting Manager

Fire Department 248-524-3419 David Roberts, Chief

Human Resources 248-680-7296 Jeanette Menig, Director

Planning 248-524-3364 R. Brent Savidant, Director

Police Department 248-524-3477 Gary G. Mayer, Chiefs

Public Works 248-524-3392 Kurt Bovensied, Director

Purchasing 248-680-7291 Marybeth Murz, Manager

Recreation 248-524-3484

Tax Information

Homestead Non-Homestead

Summer 2017: 30.6282 36.8741

Winter 2017: 6.9661 13.2120

Total 2017: 37.5943 50.0861

Source: City of Troy Assessor

III. Location/Site maps

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

N LEGEND

N NF NF NF Site ENGINEERS civil Engineers Land Surveyors Land Planners

NOWAK & FRAUS ENGINEERS 46777 Woodward Ave. Location Map Pontiac, MI 48342-5032 Tel. (248) 332-7931 Fax. (248) 332-8257

SEAL

PROJECT Troy School District - Vacant Parcels: 20-01-300-016 (E. Square Lake Road) and 20-01-451-001 (Evanswood Road)

CLIENT Troy School District 4400 Livernois Road Troy, MI 48098

Contact: Rick West 248.823.4022 - Phone

PROJECT LOCATION Part of the SW 1/4 of Section 1 T.2N., R.11E., City of Troy, Oakland County, Michigan

SHEET Limited Topographic Survey

R

Know what's below Call before you dig.

DATE ISSUED/REVISED

04-30-18 survey issued

( 60' R.O.W. ) R.O.W. 60' ( Mayapple Dr. Mayapple

DRAWN BY: M. Carnaghi DESIGNED BY:

APPROVED BY: K. Navaroli DATE: BENCHMARK April 30, 2018 BENCHMARK CAUTION!! E. Square Lake Rd. SCALE: 1" = 50' ( 120' R.O.W. ) 50 25 0 25 50 75

NFE JOB NO. sheet no. Slate Dr. K363 1 of 3

IV. Zoning/Woodlands Ordinance/Open Space

The information contained in this Request For Proposals To Purchase Real Property is provided as an accommodation to the prospective purchasers. It is believed to be correct, but no representations or warranties as to its accuracy should be inferred or are made. Each party responding to this Request For Proposals should independently confirm the accuracy of the information contained herein. Nonconformity, Supplemental Design Processes and Development Authority and 50 Appeals,Amendments Regulations Procedures Regulations Administration C. A. ORDINANCE ZONING Table ofContents

the R-1AthroughR-1EDistricts: Dimensional Requirements.Thefollowingdimensionalrequirementsshallapplyto within theR-1AthroughR-1EDistricts. neighborhoods. permitting alimitednumberofothercompatible to preserveandimproveuponthequalityofresidentialneighborhoodswhile through varyinglotsizes.TheR-1AR-1EDistrictsarefurtherintended dwellings City. TheintentoftheR-1AthroughR-1EDistrictsistoprovideareasfor vital componentsoftheCity,andcomprisemajoritylandareawithin Intent. The withtheprimarydistinctionbeingarangeofdensities,implemented Master Plan BACK Section 4.21 Zoning Map recognizesthatsingle-familyresidentialneighborhoodsare setsforthpermitted,accessory,andspeciallanduses FORWARD Figures &Maps uses whichsupportresidential District Regulations Article 4 Tables single-family Authority and Development Processes and Supplemental Design Nonconformity, 51 Administration Regulations Procedures Regulations Appeals,Amendments Tables Covered by Buildings Maximum % of Lot Area ZONING ORDINANCE 1,400 1,400 1,200 1,200 1,400 1,400 1,000 1,000 1,000 1,000 Minimum Floor Area Per Figures & Maps 45 45 40 40 45 45 40 40 35 35 Rear 30 30 30 25 30 20 30 20 30 15 Two Least FORWARD Sides 8 5 15 15 15 10 15 10 15 15 (Per Lot in Feet) One Least Minimum Yard Setback (R) 40 40 40 40 30 30 25 25 25 25 Front 30 30 30 30 30 In Feet BACK Zoning Map Maximum Height 2 1/2 2 1/2 2 1/2 2 1/2 2 1/2 2 1/2 2 1/2 2 1/2 2 1/2 2 1/2 In Stories Article 4 85 60 75 120 110 100 150 110 110 110 in Ft. Frontage 85 75 60 150 120 110 100 110 110 110 in Ft. Width District Regulations Table of Contents 8,500 7,500 30,000 15,000 21,780 21,780 21,780 21,780 10,500 21,780 Area in District R-1A R-1B No Sewer No Sewer Sewer R-1D No Sewer R-1C No Sewer Sewer Sewer Sewer Sewer R-1E No Sewer Nonconformity, Supplemental Design Processes and Development Authority and 52 Appeals,Amendments Regulations Procedures Regulations Administration D. ORDINANCE ZONING Table ofContents

6. 4. 3. 2. 1.

architectural differences.Adwelling’sfrontelevationshallonlyoccurinthe variation intheappearanceofone-familydetachedresidential Variation inAppearance.Inanyone-familyresidential as afrontyard. the minimumfrontyardofDistrictinwhichlocated,andshallbeconsidered common separatingstreet,thesideyardabuttingastreetshallnotbelessthan abutting asideyardorwhenisadjacentto block directlyacrossthecommonseparatingstreet.Incaseofarearyard rear yard side yardsrequiredforthe The Whenever a for whichTentativeApprovalwasgrantedpriortoJanuary1,1976. Whenever a Supplemental DistrictStandards. a. Lot FrontageonCorner Lots,CurvedRoads,andCuls-de-Sac. f. e. d. c. b. a. differences includebutarenotlimitedtothefollowing: three (3)contiguouslotsonthesamestreetfrontage.Substantialarchitectural same orasubstantiallysimilarstructuralarchitecturalformoncewithin

only. On all Differing windowdesignsinvolvingarchitectural stylesandsizes. Gable roofversusreversegableroof. Two cargarageversusthreegarage. Side entrygarageversusfrontgarage. Standard windowversusbayprojections. Hip roofversusgableroof. side yard relationshipintheblockandacommonsideyardwith corner lots lot coverage BACK lot lot abuttingupona orparcelabutsI-75,theyard oracreageparcelabutsa Zoning Map , the frontage District Section 12.01,SustainableDesignOptions FORWARD street inwhichlocatedwhenthereisacommon setforthshallbemeasured onone(1) shallnotbelessthanthegreaterof major arterial setback Figures &Maps District Regulations Article 4 abuttingtheright-of-way district , theyard front yard , thereshallbe Tables setback acrossa dwellings . street

.

Authority and Development Processes and Supplemental Design Nonconformity, 53 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE Figures & Maps FORWARD BACK Zoning Map Article 4 on curved streets that have curvilinear frontages, frontage shall be frontage shall frontages, have curvilinear streets that on curved District Regulations lots Table of Contents In the event that the lot is situated on a cul-de-sac, the frontage shall be the frontage shall the lot is situated on a cul-de-sac, In the event that lot is for the zone in which said the minimum setback line measured along located. For the curve. distance along the linear by measuring determined

c. b. Nonconformity, Supplemental Design Processes and Development Authority and 54 Appeals,Amendments Regulations Procedures Regulations Administration C. A. SECTION 4.07 ORDINANCE ZONING Table ofContents

the RTDistrict: Dimensional Requirements.Thefollowingdimensionalrequirementsshallapplyto within theRTDistrict. areas soastoencouragewalkability. further intendedtoprovidemediumdensityresidentialdevelopmentincompact residential residential objectives ofthe and water,whereattachedformsofresidentialdevelopmentachievesthe medium densityresidentialareasinthosewhichareservedwithpublicsewer Intent. TheintentoftheRT,One-FamilyAttachedResidentialDistrictistoprovide

use dwellings areas,andlowerdensityresidentiallanduseareas.TheRTDistrictis BACK RT ONE-FAMILYATTACHEDRESIDENTIALDISTRICT Master Plan Section 4.21 Zoning Map whichmayserveasatransitionbetweenhighintensityornon- . TheDistrictisdesignedprimarilytopermitattached setsforthpermitted,accessory,andspecialland FORWARD Figures &Maps District Regulations Article 4 Tables uses

Authority and Development Processes and Supplemental Design Nonconformity, 55 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE Covered by Buildings Maximum % of Lot Area 1,000 Figures & Maps Minimum Floor Area Per 35 Rear FORWARD 15 Two Total Sides 5 One Least Minimum Yard Setback 25 Front BACK Zoning Map 30 In Feet Article 4 Maximum Height 2 1/2 In Stories 40 N/A in Ft. District Regulations Frontage Table of Contents 75 40 in Ft. Width with 5,000 15,000 sewers sewers Area in without Nonconformity, Supplemental Design Processes and Development Authority and 56 Appeals,Amendments Regulations Procedures Regulations Administration D. ORDINANCE ZONING Table ofContents

4. 3. 2. 1. Supplemental DistrictStandards. constitute differentfrontelevations. the dwellingsthatrepeatfrontageelevation.Differentcolorsalonewillnot there beingatleastone(1)otherdwellingwithadifferentelevationbetween structural formonanotherdwellingwithinthesamestreetfrontagewithout dwelling’s frontelevationshallnotre-occurinthesameorasubstantiallysimilar variation intheappearanceofone-familydetachedresidential Variation inAppearance.Inanyone-familyresidential as afrontyard. the minimumfrontyardofDistrictinwhichlocated,andshallbeconsidered common separatingstreet,thesideyardabuttingastreetshallnotbelessthan abutting asideyardorwhenisadjacentto block directlyacrossthecommonseparatingstreet.Incaseofarearyard rear yard side yardsrequiredforthe The Whenever a (50) feetindepthasmeasuredfromtheright-of-waylineofmajorarterial. All units side yard thatabuta relationshipintheblockandacommonsideyardwith lot coverage BACK lot abuttingupona orparcelabutsI-75,theyard Zoning Map major arterial District Section 12.01,SustainableDesignOptions FORWARD street inwhichlocatedwhenthereisacommon shallhaveayard shallnotbelessthanthegreaterof setback Figures &Maps setback District Regulations Article 4 abuttingtheright-of-way district front yard , thereshallbe Tables acrossa dwellings . . A Authority and Development Processes and Supplemental Design Nonconformity, 57 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE Figures & Maps FORWARD BACK Zoning Map This page intentionally left blank Article 4 District Regulations Table of Contents Nonconformity, Supplemental Design Processes and Development Authority and 304 Appeals,Amendments Regulations Procedures Regulations Administration A. PurposeandIntent.Itistheintentoftheseregulationstohelppreventunregulated SECTION 13.07 The purposeofthissectionisasfollows: ORDINANCE ZONING Table ofContents 2. Toprovideforthe protection, preservation,propermaintenance anduseof 1. Toencouragethepreservationoftrees andrelatednaturalresourcesofthe 5. Treeandwoodlandgrowthservesasanessentialcomponentofthegeneral 4. Treeandwoodlandgrowthprotectspublichealththroughtheabsorptionof 3. Treesandwoodlandsincreasetheeconomicvalueoflandformostuses; 2. Treesandwoodlandshelpprotectwaterqualitybyprotectinggroundwater 1. Treesandwoodlandsprovideforpublicwelfaresafetythroughthe preservation ofimportantphysical,aesthetic,recreationalandeconomicassetsfor The protectionoftrees,woodlandsandwoodlandresourceswillpromotethe and, inmanycases,unnecessaryremovaloftreesandrelatednaturalresources. wildlife, wetlandsandsurfacewatersystemsthroughoutthecity; recharge areas,reducingriskofgroundwatercontaminationandmaintaining f. e. habitat; loss ofwildlifeandvegetation, and/orfromthedestructionof natural trees andwoodlands inordertominimizedamagefromerosion andsiltation, connection withthedevelopmentofland; woodland ecosystemonundevelopedand underdevelopedlandandin heritage. welfare oftheCitybymaintainingnatural beauty,recreation,andnatural ambient air;and

vehicles areprohibitedonrequiredoff-streetparkingorloadingspaces. The storageofand/ortherepairmerchandise,materials,equipmentor or snowfall. maintained freeofaccumulatedsnow,debrisorothermaterialswhich All off-streetparkingandloadingfacilitiesrequiredbythisSectionshallbe

BACK WOODLAND PROTECTION Zoning Map FORWARD Figures &Maps Site DesignStandards Article 13 Tables Authority and Development Processes and Supplemental Design Nonconformity,

305 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE 18” 18” 18” 18” 18” Size (inches) 18” 18” 18” Figures & Maps FORWARD Juglans nigra Aesculus glabra Pseudotsuga menziesii Abies Gymnocladus dioicus Botanical Name Tilia Fagus grandifolia Prunus serotina BACK Zoning Map Article 13 Site Design Standards Site Design Table of Contents Douglas Fir Fir Kentucky Coffeetree Basswood Beech, American Black Cherry Black Walnut Buckeye, Ohio Common Name that meet the International Society of Arboriculture). The following species trees. minimum size (DBH) requirement are considered landmark adjacent properties. evidence, an owner or developer of property required to comply with this section evidence, an owner or developer , the Planning Commission may require the property plan or subdivision approval additional landscaping as required by the site plan owner or developer to install to offset the impact of the new development upon or subdivision approval and where site plan review is required as set forth in Section 8.02, and any Subdivision where site plan review is required the City Code. as set forth in Chapter 41 of consistent with Article II, Section 201 of the Michigan Zoning Enabling Act of 2006, Michigan Zoning Enabling Article II, Section 201 of the consistent with of 1963 and of the Michigan Constitution with Article IV, Section 52 and in keeping Act, and Environmental Protection Michigan Natural Resources the intent of the PA 451 of 1994. City, welfare of the residents of the health, safety and general interest of the economic support of local property values when allowed to remain uncleared uncleared allowed to remain values when local property support of economic 1. Landmark Tree: A woody plant, in a healthy, live condition (has a health and 1. Landmark Tree: A woody 1. The provisions of tree protection shall apply prospectively to all parcels in the City shall apply prospectively to all parcels in the City 1. The provisions of tree protection on associated historical aerial photographs or other 2. If it is determined that based 4. To provide for the paramount public concern for these natural resources in the for these natural resources for the paramount public concern 4. To provide 3. To protect trees and woodlands (including woodland resources) for their resources) (including woodland woodlands trees and 3. To protect B. Applicability: Nonconformity, Supplemental Design Processes and Development Authority and 306 Appeals,Amendments Regulations Procedures Regulations Administration ORDINANCE ZONING Table ofContents Hackberry Ginkgo Dawn Redwood Crabapple/Hawthorne Cherry, Flowering Black Tupelo Birch Bald Cypress Arborvitae Oak (Allspecies) Maple (Sugar) Maple (Red) Honey Locust Hickory Tulip Poplar Spruce Pine (Allspecies) London Planetree/ Paw Maple, Mountain/Striped Hop-Hornbeam/ Dogwood, Flowering Chestnut Cedar ofLebanon Butternut Blue-Beech/Hornbeam Yellow Wood Sweetgum Sassafras Persimmon Pear Magnolia Larch/Tamarack Hemlock Hawthorn Ironwood American Sycamore BACK Zoning Map FORWARD Betula Thuja Quercus Acer saccharum Acer rubrum Gleditsia tricanthos Carya Liriodendron tulipifera Picea Pinus Platanus Asimina triloba Acer spicatum/ Ostrya virginiana Castanea Cedrus spp. Juglans cinera Carpinus caroliniana Cladrastis lutea Sassafras albidum Diospyros virginiana Pyrus spp. Magnolia Tsuga Crataegus Celtis occidentalis Ginkgo Metasequoia Malus/crataegus Prunus spp. Nyssa sylvatica pensylvanicum glyptostroiboides Figures &Maps Site DesignStandards Article 13 12” 12” 12” 16” 16” 16” 16” 16” 18” 18” 18” 18” 8” 8” 8” 8” 8” 8” 8” 8” 12” 12” 12” 12” 12” 12” 12” 12” 12” 12” 12” 12” 12” 12” 12” Tables Authority and Development Processes and Supplemental Design Nonconformity,

307 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE 8” 8” Figures & Maps FORWARD Cercis canadensis Amelanchier BACK Zoning Map Article 13 Site Design Standards Site Design Table of Contents Serviceberry with the minimum DBH of the species described above a healthy tree listed. Redbud shall be mitigated by installation of replacement trees equal to a minimum of shall be mitigated by installation of replacement trees equal DBH removed. DBH, and a description of each tree’s health. DBH, and a description of each b. Landmark Trees (including those located within Woodlands to be removed) b. Landmark Trees (including those located within Woodlands removal shall be mitigated as follows: authorizes the removal of Landmark Trees and trees within a Woodland, the authorizes the removal of Landmark Trees and trees within c. Indication of all trees to be removed. c. Indication of all trees to be preserved. d. Indication of all trees to be Landscape Architect. from The acreage is to be measured at breast height (DBH). inches in diameter 1. When as part of a site plan or subdivision approval the Troy Planning Commission 1. When as part of a site plan or subdivision approval the plan submission as set forth in Section 8, and any Subdivision as set forth Chapter 41 Section 8, and any Subdivision as set forth Chapter 41 plan submission as set forth in of the City Code. the following: 1. Tree Inventory shall contain E. Tree Replacement: D. Tree Inventory. A Tree Inventory is required as a component of the preliminary site is required as a component of the preliminary site D. Tree Inventory. A Tree Inventory Nonconformity, Supplemental Design Processes and Development Authority and 308 Appeals,Amendments Regulations Procedures Regulations Administration ORDINANCE ZONING Table ofContents F. TreeReplacementAlternatives: 2. Whenreviewingsiteplans,thePlanningCommissionprioritizesLandmarkand 3. Thesetreereplacementrequirementsareseparatefromandinadditionto Woodland Treeprotectionandmitigationinorderasfollows: replacement requirement. of thedevelopmentmaycounttowardstwo(2)timesinchfor the landscaperequirementssetforthinArticle13.02 proposed TreeReplacementPlanapprovedbythePlanningCommission. or RegisteredLandscapeArchitect.Thepropertyownershallhavethe c. Replacementtreesshallbenon-sterilevarietiesofspeciesnativeto d. Theremovalofany treewhichisdemonstratedbytheproperty owner b. Treetrimmingandremovalnecessary to theoperationofessentialservice a. Parcelsoflandthatarenotsubjectto site planreview. Replacement assetforthinSection13.07.F: b. Providingallrequiredmitigationonthesiteofdevelopment. standards established bytheInternationalSocietyofArboriculture. and conditionstandard factoroflessthan50percentbasedupon the to theZoningAdministrator ordesignee’ssatisfactiontohavea health private roadeasement. public utilityfranchisedtooperateintheCity. facilities ofamunicipalorothergovernmental departmentoragency replacement. of one-half(.5)caliperinchisequaltoonefootinheightforconiferous two andone-half(2.5)inchcaliper.Theminimumsizeofaconiferous ordinance. Theminimumsizeofadeciduousreplacementtreeshallbe southeast Michigan,andnotprohibitedbyChapter28oftheCityTroy BACK Zoning Map FORWARD Figures &Maps Site DesignStandards Article 13 Tables Authority and Development Processes and Supplemental Design Nonconformity,

309 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE Figures & Maps FORWARD BACK Zoning Map Article 13 Site Design Standards Site Design Table of Contents property. as set forth Chapter 28, Tree Regulations. comparison, and if larger than the CRZ, the dripline should be used to determine comparison, and if larger than the CRZ, the dripline should how best to protect an important tree. lines through bored tunnels instead of trenches. brought about and most old trees do not adapt to environmental changes the CRZ of a tree. by construction. Grading changes should not occur within decrease moisture In addition, grading on a site should neither increase or an important tree conditions within a tree’s CRZ. The area of concern around trees, being that area in which the loss, disturbance, or damage to any roots trees, being that area in which long term health and structural stability. Many of will adversely affect the tree’s Clearing for buildings should be limited to the sound design and public safety. and effective building work. smallest area needed for safe trees and woody vegetation. walkways, utility lines, and all other aspects of soil topography. Grading, roads, should consider any Landmark Tree on a site as an important design element. should consider any Landmark f. Removal of trees that have become a potential danger to human life or potential danger to human trees that have become a f. Removal of e. Trees that are considered invasive by the International Society of Arboriculture Society by the International invasive that are considered e. Trees 9. Applicant must provide a Tree Protection Plan that is compliant with requirements 9. Applicant must provide a Tree Protection Plan that is 7. Locate utility lines away from trees to be retained. If this is not possible, install utility 7. Locate utility lines away from trees to be retained. If 6. Maintain grades and moisture conditions within the Critical Root Zone (CRZ) of 6. Maintain grades and moisture perimeter of sites to provide buffer. 5. Maintain trees along the to the following: Site design be removed for development. Landmark Trees should not 1. In general, of the site that are already disturbed or cleared of 2. Locate development in areas practicable through the use of site development techniques including but not limited techniques including the use of site development practicable through Nonconformity, Supplemental Design Processes and Development Authority and 310 Appeals,Amendments Regulations Procedures Regulations Administration B. A. SECTION 13.09 professional engineerortransportationplanner. intersections, turningmovementanalysis, roadway capacity,parkinggeneration SECTION 13.08 L. ViolationsandPenalties.oftheprovisionsthissectionareviolations of K. AppealsandVariances.Allappealsorrequestsforvariancesfromtheprovisions of J. SitePlanApprovalandEnforcement: I. TreeRemovalasaResultofConstructionActivity: ORDINANCE ZONING

Table ofContents 1. General Requirements. access apublicstreet. Where Required.Thestandardssetforthin thisSectionshallapplytoalluseswhich Ordinance. the CityofTroyZoningOrdinanceandsubjecttoArticle3 with Article15oftheCityTroyZoningOrdinance. this sectionshallbemadetotheCityofTroyZoningBoardAppealsinaccordance 1. TreeprotectionandmitigationasapprovedbythePlanningCommissionisa

condition ofSitePlanapprovalandenforcedassuch. appropriate LandmarkTreeandWoodlandreplacementrequirement. died withinthreeyears(3)ofthestartconstructionshallbereplacedunder clearing, and/orconstructiontoensurecompliance. shall havetherighttoperiodicallyinspectsiteduringplanreview,land Adequate ingressand egresstotheparkingfacilityshallbeprovided byclearly

ACCESS MANAGEMENT TRAFFIC IMPACTANALYSIS BACK Zoning Map FORWARD Zoning Administrator Figures &Maps Site DesignStandards Article 13 , inconsultation Tables Authority and Development Processes and Supplemental Design Nonconformity,

229 Administration Regulations Procedures Regulations Appeals,Amendments . Tables ZONING ORDINANCE City Engineer Figures & Maps FORWARD zoning districts, provided the standards set BACK Zoning Map City Council for enjoyment by residents of the Open Space Preservation for enjoyment by residents of the Open Space Preservation Article 10 OPEN SPACE PRESERVATION OPTION

open space Development Options Development Table of Contents R-1A and R-1B One-Family Residential and development. in the development of Encourage developers to use a more creative approach residential areas. Provide a more desirable living environment by preserving the natural character Provide a more desirable living environment by preserving Easements over these systems shall be conveyed and recorded before Easements over these systems shall be conveyed and recorded occupancy permits are issued for dwelling units. as to size and location by the way, or within easements approved water, sanitary sewer, storm sewer and detention/ All shall be served by public All entrances to major or secondary thoroughfares shall include deceleration, All entrances to major or secondary as required by Engineering Standards of the City acceleration and passing lanes of Troy. in accordance with City Standards, across the Sidewalks shall be constructed, (28) foot wide streets constructed to City public provided by way of twenty-eight foot private easements for public access, when street standards, within forty(40) in the opinion of the unit parcels is impractical. provision of conforming dwelling on which such developments, access and circulation through way. Secondary provided their sole frontage, may be parcels may have some of the residential standards, to City public street (28) foot wide streets constructed by twenty-eight easements for public access. within forty (40) foot private accepted by the City, in accordance with Engineering Division procedures. the City, in accordance with accepted by provided site condominium shall be and circulation through a Principal access Occupancy permits for residential structures may not be granted until all utility until all utility not be granted structures may for residential permits Occupancy have been or easements rights-of-way and related improvements and street

2. the Option is intended to: forth in this Section are met. The Open Space Preservation 1. Intent. An applicant may elect to apply for an Open Space Preservation option in Intent. An applicant may elect to apply for an Open Space 5. 4. 3. Improvements. 1. 4.

SECTION 10.03 A.

E. Nonconformity, Supplemental Design Processes and Development Authority and 230 Appeals,Amendments Regulations Procedures Regulations Administration C. B. ORDINANCE ZONING

Table ofContents 4. 2. 1. following, inadditiontotheinformationrequiredonacompletesiteplan: Application Requirements.TheOpenSpacePreservationPlanshallcontainthe 2. 1. must bezoned Eligibility Criteria.TobeeligiblefortheOpenSpacePreservationOption,property 5. and shallbecapableofbeingplanneddevelopedasoneintegralunit. The siteshallbeunderthecontrolofoneownerorgroupownersactingjointly state. The areapreservedasopenspaceshallremaininaperpetuallyundeveloped in theCity. Ensure anOpenSpacePreservationdevelopmentshallresultinarecognizable the developmentofrecreationalfacilities. residents oftheOpenSpacePreservationdevelopmentandtofurtherencourage Encourage theprovisionof bypass naturalobstacles. recognizing areductionindevelopmentcostsandbyallowingthedeveloperto submitted withtheapplication andshallincludethefollowing: The proposedplanof developmentofthededicatedopenspace shallbe e. d. c. b. a. provided, includingthefollowing: the commonuseoflotowners(hereincalleddedicatedopenspace)shallbe A completedescriptionofthelandproposedtobededicatedCityor

Other relevantinformationnecessarytoshow thattheproposeddevelopment Description ofnaturalfeaturesondedicated openspace. Types ofsoilindedicatedopenspace. Topographical surveyofdedicatedopen space. Legal descriptionofdedicatedopenspace,includingeasements. R-1A orR-1B BACK Zoning Map , andmeeteachofthefollowingstandards: open space FORWARD Figures &Maps Development Options Article 10 Tables Authority and Development Processes and Supplemental Design Nonconformity,

231 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE Figures & Maps and the proposed improvements and the proposed allowable within the Open Space allowable within FORWARD open space dwelling units BACK and setbacks as normally required for the applicable and setbacks as normally required Zoning Map Article 10 lot/unit width provisions shall be as follows: Development Options Development Table of Contents the setbacks shall be measured to an imaginary line between the buildings. the setbacks shall be measured to an imaginary line between of the development Setback requirements for main buildings on the interior line, or from the shall be provided to newly created streets, an interior property Setback requirements for main buildings at the perimeter of the development Setback requirements for main buildings at the perimeter The proposed uses of dedicated The proposed by the proprietor. to be constructed The proposed manner of regulating the use of the common facilities and areas of the common facilities and manner of regulating the use The proposed for property owners and cause possible nuisances to other so as to eliminate the City. enforcement by The proposed manner in which the title to land and facilities is to be held by to be held by facilities is title to land and in which the manner The proposed development. Preservation the Open Space of land in the owners

b. plan. Setback a. The City shall review the design and determine the number of lots that could be The City shall review the design the Open Space Preservation development. of dwelling units allowable in The applicant shall prepare a parallel plan for the project that is consistent with The applicant shall prepare and design criteria for a tentative preliminary State, County and City requirements The parallel plan shall meet all standards for plat or unplatted site condominium. lot/unit size, One-Family zoning district. c. b. a.

2. requirements of the Zoning Ordinance for yards and lots as a part of the approval requirements of the Zoning Ordinance cluster the dwellings on smaller lots, provided the process. The applicant may following: 2. through the preparation of a “parallel plan.” Development shall be determined 1. Nonconformity, Supplemental Design Processes and Development Authority and 232 Appeals,Amendments Regulations Procedures Regulations Administration F. ORDINANCE ZONING

Table ofContents 3. 3. 2. 1. Open SpaceRequirements. 4.

open spaceshallbeaccessibletoallresidentsoftheOpenSpacePreservation space standardshereinmaybeincludedasrequiredopenspace.The in anundevelopedstatewithintheboundariesofsitemeetingopen undeveloped statemaybe,butisnotrequiredtodedicatedtheuse state bymeansofonethetoolsincludedinsubsection5below.Landan dedicated maintain aminimumoftwenty(20)percentthegrossareasiteas Minimum Requirements.AnOpenSpacePreservationdevelopmentshall uses. development, residentialaccessorystructures,andnon-commercialrecreation The permittedusesshallberestrictedtosinglefamilydetachedresidential requirements shallbemet. All regulationsapplicabletoparkingandloading,generalprovisions,other b. a. dedicated openspaceforthepurposesof thisSection: Areas NotConsideredOpenSpace.The following landareasarenotincludedas common landforcommunityuse,recreation orconservation. a roadway,oranapprovedlandimprovement, shallbepermanentlysetasideas devoted toaresidentialunit,anaccessory use,vehicleaccess,parking, other, thesiteandsurroundinglands.Allland withinadevelopmentthatisnot space andallotherelementsinappropriatelocations,suitablyrelatedtoeach open space,communitygreenorplazaandrecreationareasystem,with and facilities,individualproperties,allotherelementsofanOpenSpace Common OpenSpace.openspace,othercommonproperties development ortheCityofTroy.

land convertibletolimited commonelements. common elementsthat willnotremaininaperpetuallyundeveloped stateor or landwithinacondominium development,whichisconvertible togeneral Area proposedaslimited commonelementsof Area proposedassingle-familyresidential lots/units. Sides Rear Front The minimumsetbacksshallbeasfollows:

open space 10’ 35’ 25’ BACK Zoning Map , whichshallremainperpetuallyinanundeveloped FORWARD Section 10.04.F.3 Figures &Maps , anylandareamaintained condominium Development Options Article 10 Tables developments, Authority and Development Processes and Supplemental Design Nonconformity,

233 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE Figures & Maps shall be planned in locations shall be planned FORWARD shall be set aside by the developer through by the developer through shall be set aside BACK Common open space Common open Zoning Map open space Article 10 Indicate the proposed allowable use(s) of the dedicated open space. Indicate the proposed allowable use(s) of the dedicated subject only The dedicated open space shall forever remain open space, on the approved to uses authorized by state law and approved by the City recreational trail, site plan or subdivision plat. Open space may include a children’s play area, greenway or linear park.

Development Options Development Table of Contents (i) (ii) Such conveyance shall assure that the open space will be protected from all Such conveyance shall assure use. Such conveyance shall: never be changed to another in an order of taking, which interest is appropriate the land or body of water or land or body of water, including improvements to retaining or maintaining the predominantly in its natural, scenic, or open on the land or body of water, farming, open space, or forest use, or similar use condition, or in an agricultural, or condition. plat dedication, or other legal means that run with the land. As used in this plat dedication, or other legal easement” means an interest in land that section, the phrase “conservation of land or a body of water or requires or prohibits provides limitation on the use the not or whether water, body of land or the to with respect or acts on certain of a restriction, easement, covenant, or condition interest is stated in the form The dedicated The dedicated that is found acceptable to the City, such as: an irrevocable conveyance restrictive covenants, or conservation easements, recorded deed restrictions, The area of any street right-of-way or equivalent private road easement. private road or equivalent right-of-way of any street The area

Encourage the use of property in accordance with its natural character. Encourage the use of property in accordance with its natural other natural features. Assure the permanent preservation of open space and a reasonable distance of Provide recreational facilities and/or open space within all residents of the Cluster development. b. Protection of Open Space. Protection of Open a. Location of Open Space. Location of Open Space Development. The common all residing within the Open accessible to the road frontage of the be centrally located along open space may spaces. connect open c.

1. 2. 3. Intent. The Cluster Option is offered as an alternative to traditional residential Intent. The Cluster Option is offered as an alternative to development. The Cluster Option is intended to: 5. 4.

A. Nonconformity, Supplemental Design Processes and Development Authority and 234 Appeals,Amendments Regulations Procedures Regulations Administration ORDINANCE ZONING Table ofContents 7. 6. 5. 2. 1. b. a. and R1EZoningDistrictswiththefollowingregulations: and openspace. development, residentialaccessorystructures,non-commercialrecreationuses The permittedusesshallbelimitedtosingle-familydetachedresidential R-1D, orR-1E. To beeligibleforClusterconsideration,propertymustzonedR-1A,R-1B,R-1C, contrary tootherCitygoals. normal developmentapproachwouldotherwisebeunnecessarilyrestrictiveor undeveloped land. Encourage alesssprawlingformofdevelopment,thuspreservingopenspaceas Ensure compatibilityofdesignandusebetweenneighboringproperty. Facilitate theconstructionandmaintenanceofstreets,utilities,public achieved by conventionaldevelopment. detail topermitthePlanning Commissiontodeterminethedensity thatwouldbe the conceptplanwith theconventionallayoutshallinclude generalstreet contractual prohibition, orbaseduponapplicablelawordinance. Inaddition, would besetasideand preservedduetoimpracticality,economic unfeasibility, indicate thetopographyofsiteattwo (2)footcontourintervalsandthelimits a conceptsiteplanofthepropertywith conventionallayout.Theplanshall conventional subdivisionorsitecondominium layout,theapplicantshallsubmit applicable ordinancesandlawsobserved. Inordertocalculatedensitywitha development islocated,developedwith a conventionallayoutandall units customarilydevelopableinthezoning districtinwhichtheproposed

completely withintherequiredperimetersetback.. to eachborder.Therequiredopenspaceareasmaybelocatedpartiallyor requirement fortheunderlyingzoningdistrictofpropertydirectlyadjacent the bordersofdevelopmentshallbeequaltorear-yardsetback Perimeter Setback:setbackforprincipalstructuresfromallof The siteshallhavefrontageonandprimaryaccesstoamajororminorarterial. BACK Zoning Map FORWARD Figures &Maps Development Options Article 10 Tables Authority and Development Processes and Supplemental Design Nonconformity,

235 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE Figures & Maps FORWARD BACK Zoning Map Article 10 Development Options Development Table of Contents landscape shall not Recreational facilities that are less pervious than natural or all residents of with the provision of usable recreation facilities to which facilities the development shall have reasonable access. Such recreation facilities, include areas such as a neighborhood park, passive recreational of the City to preserve contained on the site, as long as it is in the best interest by conventional the natural features that might be negatively impacted review of a Natural natural features shall be made by the City Council, after these features; Features Analysis, prepared by the applicant, that inventories areas that provide an active or passive recreation function, which can be areas that provide an active considered open space. due to limited width or depth as determined by Non-functional open space the City Council. The area of any street right-of-way. The area of any or streams. area of any lakes, rivers, ponds The submerged a residential structure. and side setbacks surrounding The required front Required building separations.

gross area of the site as dedicated open space held in common ownership. gross area of the site as dedicated All land within a development that is not devoted to a residential unit, limited All land within a development structures, vehicle access, vehicle parking, a common elements, accessory shall be set aside as common land for roadway, or an approved improvement, preserved in an undeveloped state. recreation, conservation, or f. a. b. c. d. The following land areas are not included as dedicated open space for the as dedicated open space areas are not included The following land Cluster development option: purposes of the If all requirements 10.04.D are met, the underlying density established by 10.04.C.1 by 10.04.C.1 density established the underlying are met, 10.04.D If all requirements

2. Open Space Requirements. 1. 2.

D. Nonconformity, Supplemental Design Processes and Development Authority and 236 Appeals,Amendments Regulations Procedures Regulations Administration ORDINANCE ZONING Table ofContents 7. 6. 5.

by theCityAttorney.Theirrevocableconveyancedocumentshallbeapproved to reviewandapprovalbytheCityCouncil,afterrecommendation conservation easement,platdedication,orotherlegaldocumentthatissubject an irrevocableconveyance,suchasdeedrestriction,restrictivecovenant, The dedicatedopenspaceshallbesetasidebythedeveloperthrough and mayberequiredbytheCityCouncil. Connections betweenthededicatedopenspaceofdevelopmentand connect openspacesthroughoutthedevelopment. The commonopenspacemaybecentrallylocatedalongtheroadfrontageof c. d. c. b. a. and thedevelopershallrecordsuchdocumentswithOaklandCounty

following: or activitiesthatnegatively affectthededicatedopenspace, includingthe of thededicatedopenspace.The space restrictionsshallprohibituses Final SitePlan.Suchconveyanceshallindicate theproposedallowableuse(s) The irrevocableconveyanceshallassure that theopenspacewillbe each propertyasdeterminedbytheCity assessor. maintenance, andshallannuallyassessthe costsforsuchmaintenanceupon that itbecomesapublicnuisance,thenthe Cityshallundertakeallfuture If theownersofdedicatedopenspace havefailedtomaintainitso Standards forscheduledmaintenanceoftheopenspace. have anownershipinterestintheopenspace. The dedicatedopenspaceshallbeperpetuallymaintainedbypartiesthat these features. review ofaSiteAnalysisPlan,preparedbytheapplicant,whichinventories also qualifyifthedevelopmentwillpreservecommonopenspaceorcreate Preservation ofCommonOpenSpaceorCreationNaturalFeatures.If inventories thesefeatures;or Council afterreviewofaSiteAnalysisPlan,preparedbytheapplicant,that BACK Zoning Map FORWARD Figures &Maps Development Options Article 10 Tables Authority and Development Processes and Supplemental Design Nonconformity,

237 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE Figures & Maps FORWARD BACK Zoning Map Article 10 open space area. allocation for each property. shall forever remain open space, subject only The dedicated open space on the approved Final Site Plan. to uses approved by the City to a recreation or conservation use Any structures or buildings accessory open space. These accessory may be erected within the dedicated Standards for scheduled maintenance of the open space. Standards for scheduled maintenance open space have failed to maintain it so If the owners of the dedicated then the City shall undertake all future that it becomes a public nuisance, assess the costs for such maintenance maintenance, and shall annually shall be perpetually maintained by parties that The dedicated open space in the open space. have an ownership interest material. diseased vegetation. Dumping or storing of any material or refuse. any material or storing of Dumping plant any living or threaten risk of soil erosion that may cause Activity

Development Options Development Table of Contents (iv) (v) (ii) (iii) the following: conveyance shall provide The irrevocable (i) (i) (ii)

proprietary responsibility control, such that there is a single person or entity having contracts, documentation of ownership or control in the form of agreements, Cohesive Neighborhood. The proposed development shall be designed to create Cohesive Neighborhood. The proposed development shall open space areas for a cohesive community neighborhood through common open space areas shall passive or active recreation and resident interaction. All be reasonably accessible to all residents of the development. such maintenance are binding on successors and future owners of the subject such maintenance are binding on successors and future by the City Attorney. property. All such documents shall be subject to approval control, provided notice This provision shall not prohibit a transfer of ownership or maintenance of such transfer is provided to the City, and that the continued uses continue as guarantees remain satisfactory to the City, and the land approved in the Cluster development. Maintenance of Open Space. The applicant shall provide documentation to Maintenance of Open Space. of the City Council that all open space portions of guarantee to the satisfaction as approved and that all commitments for the development will be maintained e.

9. 8. Nonconformity, Supplemental Design Processes and Development Authority and 238 Appeals,Amendments Regulations Procedures Regulations Administration ORDINANCE ZONING Table ofContents 11. 2. part oftheapprovalprocess.Theapplicantmayclusterdwellings,aslong from thedimensionalrequirementsofZoningOrdinanceforyardsandunitsasa

a. Setback provisionsshallbeasfollows: granted bytheCityCouncil. in Section10.04.Cunlessadensitybonusassetforth10.04.Hhasbeen impacts associatedwithconventionaldevelopment. of thesurroundingcommunityandnaturalenvironmentincomparisonto owners andoccupantsand/orthenaturalenvironment.Anunreasonableimpact unreasonable impactonthesubjectand/orsurroundinglandproperty Density Impact.Theproposedtypeanddensityofuseshallnotplacean review andapprovalbytheCityAttorney. be completedinitsentiretyasproposed.Alldocumentsshallsubjecttothe covenants, and/ordeedrestrictionsthatindicatethedevelopmentwill b.

(iii) be asfollows. for thepurposeofdeterminingrequiredsetbacks. Theminimumsetbacksshall the setbacksshallbemeasuredtoanimaginarylineofequaldistance Setback requirementsforprincipalstructuresontheinteriorof completely withintheperimetersetback. to eachborder.Therequiredopenspaceareasmaybelocatedpartiallyor requirement fortheunderlyingzoningdistrictofpropertydirectlyadjacent of thebordersdevelopmentshallbeequaltorearyardsetback Perimeter Setback:Theperimetersetbackforprincipalstructuresfromall

a totalofthirty(30)feet. Side: Sevenandone-half (7.5)feet.Fordetachedunitswith“rear-to-side” automobile tobeparkedinthedriveway withoutobstructingthesidewalk. the garagedoorandclosestedgeof thesidewalktoallowforan BACK Zoning Map FORWARD Figures &Maps Development Options Article 10 Tables Authority and Development Processes and Supplemental Design Nonconformity,

239 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE Figures & Maps FORWARD BACK Zoning Map Article 10 Development Options Development Table of Contents established in 10.04.C.1 may be provided for a development that provides a established in 10.04.C.1 may be provided for a development that is desired, but diverse variety of housing types or provides a type of housing shall be met for the all not currently offered in the city. The following requirements minimum required amount that is not encumbered by rights-of-way or utility minimum required amount that is not encumbered by rights-of-way in 10.04.C.1. thereof above the base yield number of units as established yield number of units Housing Diversity and Options. A bonus above the base innovative and creative site and building designs and solutions, which would innovative and creative site to be achieved absent this provision. otherwise be unfeasible or unlikely All applicable zoning district regulations to height, parking, loading, general height, parking, loading, general zoning district regulations to All applicable met. other requirements shall be provisions, and the front, side, rear, and perimeter setback Planning Commission, may waive provided that the applicant has demonstrated provisions as set forth in 10.4.E.2 factors, site, public safety the size and shape of the development consideration developments. impact upon the surrounding aesthetics and the Planning Commission, in its discretion, with greater deviations from minimum from minimum deviations with greater in its discretion, Commission, the Planning in proportion be permitted in the district to applicable requirements frontage

2. Density bonuses may be based upon a demonstration by the applicant of the Density bonuses may be based upon a demonstration by following elements: street rights-of-way, or within easements approved as to size and location by the City easements approved as to size and location by the City street rights-of-way, or within Engineer. the use of the cluster development as set forth in Density Bonus. To encourage may be allowed at the the objectives in Section 10.04.A, a variable density bonus from Planning Commission. discretion of City Council, based on a recommendation or by twenty-eight (28) foot wide streets constructed to (60) foot wide rights-of-way that are located, within forty (40) foot private easements City public street standards shall be constructed across the frontage of all dwelling for public access. Sidewalks with City standards. Public utilities shall be placed within unit parcels in accordance Landscaping. Required landscaping shall be in accordance with section 13.02.F Landscaping. Required landscaping Landscaping. Subdivision and Site Condominium the development shall be provided by twenty-eight (28) Access. Principal access to 4.

H. G. F. Nonconformity, Supplemental Design Processes and Development Authority and 240 Appeals,Amendments Regulations Procedures Regulations Administration I.

ORDINANCE ZONING Table ofContents 2. 1. Standards forReview. 4. a. objectives, asarereasonablyapplicabletothesite,providing: Findings. TheapplicantshalldemonstratethatthroughtheuseofCluster application, totheCityCouncil. Commission shallidentifyandevaluateallfactorsrelevanttotheapplication, Review. InreviewinganyapplicationforaClusterDevelopment,thePlanning Such densitybonusesareinadditiontothebonusestablished10.04.C.2 recommendation fromthePlanningCommission. sustainable designbonusshallbediscretionaryfromtheCityCouncil,basedon infrastructure, stormwaterbestmanagementpractices,andgreenbuildings.A utilizes sustainabledesignbestpracticesincluding,butnotlimitedtogreen units establishedin10.04.C.1maybeprovidedforadevelopmentthat h. f. e. c.

facilities, andschools. Suchservicesshallbeprovidedandaccommodated facilities andservices, suchas:streets,pedestrianorbicyclefacilities, police The clusterdevelopment shallbeadequatelyservedbyessential public bonus. development inperpetuity. A meansforowningcommonopenspace andforprotectingitfrom promote andencourageenergyconservation andsustainabledevelopment. stormwater managementbestpractices, and lowimpactdesign,whichwill Sustainable designfeaturesandtechniques, suchasgreenbuilding, amenities. development andsurroundingproperties. Appropriate bufferand/orlandusetransitionsbetweentheCluster to beachievedabsenttheseregulations. and otherdevelopmentfeaturesthatwouldotherwisebeunfeasibleorunlikely achieved absenttheseregulations. or preservation,andwhichwouldotherwisebeunfeasibleunlikelyto Long-term protectionandpreservationofnaturalresources,features, BACK Zoning Map FORWARD Figures &Maps Development Options Article 10 Tables Authority and Development Processes and Supplemental Design Nonconformity,

241 Administration Regulations Procedures Regulations Appeals,Amendments Tables ZONING ORDINANCE Figures & Maps FORWARD BACK Zoning Map Article 10 Development Options Development Table of Contents nuisances that require enforcement by the City of Troy. nuisances that require enforcement uses of dedicated open space and the The proposed and/or potential be constructed by the developer. proposed improvements to The proposed ownership and control of the open space. The proposed ownership and the use of the common facilities and The proposed methods of regulating nuisances to other property owners and/or areas so as to eliminate possible A legal description of dedicated open space. A legal description of dedicated survey of dedicated open space. A topographical and boundary properties, if applicable. the property and on abutting proportion and complementary to those of adjacent properties and the adjacent properties and complementary to those of proportion and not quality. The garage shall materials are of high, durable selected building feature of a residential building. be the dominant without an unreasonable public burden. an unreasonable without are in buildings shall ensure scale, and massing form, The architectural

Other relevant information necessary to show that the proposed development Other relevant information necessary to show that the proposed for a Cluster Plan Public Hearing and Notice Requirement. All applications 3.04, Public Notice approval require public notice and a public hearing. Section shall be consistent with courses, and open space during construction. The plan in Section 13.07, and the City’s Woodland Protection requirements as set forth with his/her signature shall be agreeable to the developer, who shall so indicate on the detailed narrative and graphic plan. c. Information regarding current and proposed ownership and use of the dedicated Information regarding current open space, including the following: a. b. a. b. A complete description of the land proposed to be dedicated for the common to be dedicated for the of the land proposed A complete description or to the City, including the following: use of lot owners in the association i.

5. 4. 2. contain the following: 1. Application Requirements. In addition to the information required by the City of Troy information required by In addition to the Application Requirements. Plan shall to utilize the Cluster plans, any development proposing for all other site

J. Nonconformity, Supplemental Design Processes and Development Authority and 242 Appeals,Amendments Regulations Procedures Regulations Administration ORDINANCE ZONING Table ofContents BACK Zoning Map This pageintentionallyleftblank FORWARD Figures &Maps Development Options Article 10 Tables V.Survey/Wetlands Study/Lot Split/Concept Plan

The information contained in this Request For Proposals To Purchase Real Property is provided as an accommodation to the prospective purchasers. It is believed to be correct, but no represen- tations or warranties as to its accuracy should be inferred or are made. Each party responding to this Request For Proposals should independently confirm the accuracy of the information con- tained herein. N LEGEND N NF NF Site NF ENGINEERS civil Engineers Land Surveyors Land Planners

NOWAK & FRAUS ENGINEERS 46777 Woodward Ave. Location Map Pontiac, MI 48342-5032 Tel. (248) 332-7931 Fax. (248) 332-8257

SEAL

PROJECT Troy School District - Vacant Parcels: 20-01-300-016 (E. Square Lake Road) and 20-01-451-001 (Evanswood Road)

CLIENT Troy School District 4400 Livernois Road Troy, MI 48098

Contact: Rick West 248.823.4022 - Phone

PROJECT LOCATION Part of the SW 1/4 of Section 1 T.2N., R.11E., City of Troy, Oakland County, Michigan

SHEET Limited Topographic Survey

R

Know what's below Call before you dig.

DATE ISSUED/REVISED

04-30-18 survey issued

( 60' R.O.W. ) R.O.W. 60' ( Mayapple Dr. Mayapple

DRAWN BY: M. Carnaghi DESIGNED BY:

APPROVED BY: K. Navaroli DATE: BENCHMARK April 30, 2018 BENCHMARK CAUTION!! E. Square Lake Rd. SCALE: 1" = 50' ( 120' R.O.W. ) 50 25 0 25 50 75

NFE JOB NO. sheet no. Slate Dr. K363 1 of 3 STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

LANSING RICK SNYDER C. HEIDI GRETHER GOVERNOR DIRECTOR

January 9, 2018

Mr. Rick West Assistant Superintendent for Business Services Troy School District 4400 Livernois Road Troy, Michigan 48098-4799

Dear Mr. West:

SUBJECT: Wetland Identification Report Wetland Identification Site Name: 63-East Square Lake Road-Troy MiWaters Submission Number: HN7-FPES-HQGW4

The Department of Environmental Quality (DEQ) conducted a Level 3 Wetland Identification Review of approximately 80 acres on property (Property Tax Identification Numbers 20-01-300-016 and 20-01-451-001) located in Town 02 North, Range 11 East, Section 01, city of Troy, Oakland County on November 8, 2017. The wetland identification was conducted in accordance with Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA), and Rule 4 (1), Wetland Identification and Assessment (R 281.924), of the Administrative Rules for Part 303. This is a report of our findings in response to your Wetland Identification Program (WIP) application.

Based on our on-site investigation which included a review of plants, hydrology, and soils, the DEQ confirms, in part, the wetland boundary lines flagged by your consultant. The DEQ also reviewed other pertinent information such as aerial imagery, soil survey data, topographic mapping data, and surface hydrology data.

One wetland area was overlooked and omitted by the consultant. The DEQ extended the consultant’s wetland delineation boundaries in one location within the central portion of the WIP Review Area to encompass additional wetland area. This additional portion of Wetland A showed evidence of sustained surface (or near-surface) hydrology occurring during the growing season and was associated with hydrophytic plant species and hydric soil.

Modified wetland boundaries were documented on the enclosed site map (Figure 2). The site map of the review area was created by combining information from your consultant and the DEQ. The new map identifies areas containing regulated wetland, unregulated wetland, and non-wetland (upland).

CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973 www.michigan.gov/deq • (800) 662-9278 Mr. Rick West Page 2 January 9, 2018

Approximately 43.59 acres (98 percent) of the wetland within the WIP Review Area are regulated by the DEQ because of wetland size and/or proximity to a pond, lake, or stream/drain. For those areas identified as regulated wetland on the site map, please be advised that any of the following activities require a permit under Part 303:

a) Deposit or permit the placing of fill material in a regulated wetland. b) Dredge, remove, or permit the removal of soil or minerals from regulated wetland. c) Construct, operate, or maintain any use or development in a regulated wetland. d) Drain surface water from a regulated wetland.

For the areas identified as non-wetland (upland) and unregulated wetland on the site map, the DEQ lacks jurisdiction under Part 303 for activities occurring in those areas.

This Wetland Identification Report is limited to findings pursuant to Part 303 and does not constitute a determination of jurisdiction under other DEQ-administered programs. Any land use activities undertaken within the review area may be subject to regulation pursuant to the NREPA under the following programs:

Part 91, Soil Erosion and Sedimentation Control Part 301, Inland Lakes and Streams

Please be aware that this wetland identification report does not constitute a determination of the jurisdiction under local ordinances or federal law. The United States Army Corps of Engineers (USACE) retains regulatory authority over certain wetlands pursuant to Section 404 of the Clean Water Act (CWA), and specifically those wetlands associated with traditionally navigable waters of the state. Navigable waters are generally the Great Lakes, their connecting waters, and river systems and lakes connected to these waters. In other areas of the state, the DEQ is responsible for identification of wetland boundaries for purposes of compliance with the CWA under an agreement with the United States Environmental Protection Agency. Your WIP Review Area is not likely to be within those areas also regulated by the USACE. Additional information may be obtained by contacting the USACE at 313-226-2218.

Mr. Rick West Page 3 January 9, 2018

You may request the DEQ reassess the wetland boundaries and regulatory status of wetlands within any portion of the review area, should you disagree with the findings, within 60 days of the date of this report. A written request to reassess the Wetland Identification review area must be accompanied by supporting evidence with regard to wetland vegetation, soils or hydrology different from, or in addition to, the information relied upon by DEQ staff in preparing this report. The request should be submitted to:

Wetland Identification Program Department of Environmental Quality Water Resources Division P.O. Box 30458 Lansing, Michigan 48909-7958

The findings contained in this report do not convey, provide, or otherwise imply approval of any governing act, ordinance, or regulation, nor does it waive the obligation to acquire any applicable federal, state, county, or local approvals. This Wetland Identification Report is not a permit for any activity that requires a permit from the DEQ.

Should you need to apply for a permit for future work within this site, please use the same site name listed within the subject line of this letter when you are listing the site location within the MiWaters online permit application.

The findings contained in this report are binding on the DEQ until January 9, 2021, a period of three years from the date of this Wetland Identification Report unless a reassessment has been conducted. Please contact me at 517-243-5002; [email protected]; or DEQ, P.O. Box 30458, Lansing, Michigan 48909-7958, if you have any questions regarding this report.

Sincerely,

Keto Gyekis Wetland Identification Program Coordinator Water Resources Division

Enclosures cc: Oakland County Soil Erosion Enforcement Agent (CEA) Oakland County Health Division City of Troy Clerk Ms. Dana Knox, ASTI Environmental Mr. Andrew Hartz, DEQ Ms. Susan Tepatti, DEQ O e agan Dr r Parkland Dr S Mary Ann Av Re D h r d e R i o H o d G a o amlin R B m l H e r E li Rd w n R b l Millis D e a e m d y x a D N

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This drawing showing those

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o East Square Lake Road e the Natural Resources and n K. Gyekis, d o Environmental Protection Wetlands, Lakes, Troy it Act, 1994 PA 451, as amended. Oakland County Wetland Boundary Flag n and Streams Unit, DEQ WRD Bo EXHIBIT A LOT SPLIT

LEGAL DESCRIPTION - PARENT PARCEL (PER TITLE COMMITMENT)

LEGAL DESCRIPTION - PARENT PARCEL (AS SURVEYED)

NOWAK & FRAUS ENGINEERS 46777 woodward avenue DATE DRAWN JOB No. SHEET pontiac, mi 48342 Tel. (248) 332-7931 5-9-2018 M.C. K363 1 of 4 EXHIBIT A LOT SPLIT

N

NF

Parent Parcel

Normandy

Evanswood Road Evanswood Mayapple Dr. Mayapple

E. Square Lake Rd. ( 120' R.O.W. )

NOWAK & FRAUS ENGINEERS 46777 woodward avenue SCALE DATE DRAWN JOB No. SHEET pontiac, mi 48342 Tel. (248) 332-7931 1" = 400' 5-9-2018 M.C. K363 2 of 4 EXHIBIT A LOT SPLIT

LEGAL DESCRIPTION - PARCEL 1

LEGAL DESCRIPTION - PARCEL 2

NOWAK & FRAUS ENGINEERS 46777 woodward avenue DATE DRAWN JOB No. SHEET pontiac, mi 48342 Tel. (248) 332-7931 5-9-2018 M.C. K363 3 of 4 EXHIBIT A LOT SPLIT LINE TABLE N

NF

Parcel 1

Normandy Evanswood Road Evanswood

Parcel 2 Mayapple Dr. Mayapple

E. Square Lake Rd. ( 120' R.O.W. )

NOWAK & FRAUS ENGINEERS 46777 woodward avenue SCALE DATE DRAWN JOB No. SHEET pontiac, mi 48342 Tel. (248) 332-7931 1" = 400' 5-9-2018 M.C. K363 4 of 4 N SOUTH BOULEVARD E. N HARNED JARMAN BURDIC W NF E CHANC -ERY STIRLING S GULLI -VER RAVENNA NF ALFRED

W NF E

LAKESIDE SITE ENGINEERS SHORELINE ROBART RD. DEQUINDRE JOHN R RD. R JOHN RANIERI

DINA RONALD civil Engineers CHIPPEWA SAXONYNORMANDY Land Surveyors

S SONG SEMINOLE Land Planners

MANORWOOD BRITTANY

SILVERSTONE -BIRD

SMITHFIELD BRIAR MEADOWLARK

TUSCANY RD. EVANSWOOD MAYAPPLE -WOOD NOWAK & FRAUS ENGINEERS E. SQUARE LAKE RD. 46777 Woodward Ave. Pontiac, MI 48342-5032 LOCATION MAP Tel. (248) 332-7931 N.T.S. Fax. (248) 332-8257

SEAL

PROJECT Troy School District - Vacant Parcels: 20-01-300-016 (E. Square Lake Road) and 20-01-451-001 (Evanswood Road)

CLIENT Troy School District 4400 Livernois Road Troy, MI 48098

Contact: Rick West 248.823.4022 - Phone

PROJECT LOCATION Part of the SW 1/4 DETENTION AREA of Section 1 T.2N., R.11E., City of Troy, LOT 4 Oakland County, Michigan 8,550 S.F.

114' SHEET

Concept Plan

114'

114' 114' LOT 8 114' LOT 7 LOT 6 LOT 5 8,550 S.F. 8,969.02 S.F. LOT 3 10,922.85 S.F. 8,550 S.F. 122.39' LOT 9 80.80' 8,550.37 S.F. 10,614.67 S.F. 114' 211.98' 75' 80.03' LOT 10 112.18' 75' 14,847.62 S.F. 90.84' R LOT 2 LOT 11 8,550.37 S.F. Know what's below 67.89' 20,699.62 S.F. Call before you dig.

75' 100.03' 75' 75' 114' DATE ISSUED/REVISED 167.17'

69.89' 212.77' LOT 1

LOT 15 LOT 16 LOT 17

114' 114'

LOT 14 114'

114' 11,690.25 S.F. LOT 13 114' 8,550.19 S.F. 8,550 S.F. 8,550 S.F. 11,417.41 S.F. LOT 12 13,665.88 S.F. 13,513.18 S.F.

87.08'

116.75'

( 60' R.O.W. ) R.O.W. 60' ( Mayapple Dr. Mayapple

DRAWN BY: G. Ostrowski DESIGNED BY: G. Ostrowski APPROVED BY: G. Ostrowski DATE: BENCHMARK May 9, 2018 BENCHMARK CAUTION!! E. Square Lake Rd. SCALE: 1" = 50' ( 120' R.O.W. ) 50 25 0 25 50 75

NFE JOB NO. sheet no. Slate Dr. K363 1 of 1

VI. Legal Documents

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

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

TROY SCHOOL DISTRICT Request For Proposals To Purchase Real Property PROPOSAL FORM

Name of Prospective Purchaser: Contact Person: Address: Phone: E-Mail: 1. Earnest Money: Twenty-Five Thousand ($25,000.00) Dollars to be submitted within three (3) days of the final execution of the Offer To Purchase Real Estate via certified check. 2. Purchase Price: $ 3. Exceptions or Special Conditions: The prospective purchaser acknowledges and agrees that it is submitting this Proposal with the understanding that unless the prospective purchaser sets forth specific exceptions to the terms and conditions of this RFP or the Offer To Purchase Real Estate, that the prospective purchaser will execute the Offer To Purchase Real Estate attached to the RFP with all of the terms and conditions as contained therein. Please set forth any exceptions or special considerations below.

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

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

Print Name of Prospective Purchaser

Print Name and Title of Authorized Agent

Signature of Authorized Agent

Dated: , 2018

OFFER TO PURCHASE REAL ESTATE

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

6.082 +/- acres of vacant land located ______in Troy, Michigan, Sidwell Numbers 20-01-300-016, more particularly described on Exhibit A attached hereto (the “Premises”), subject to existing building and use restrictions and easements, if any, and zoning ordinances upon the following conditions:

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

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

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

4. In the event of default of the terms and conditions of this Offer by the Seller hereunder, the Purchaser may, at its option, elect to enforce the terms hereof by specific performance or demand, and be entitled to, an immediate refund of its entire Earnest Money Deposit in full termination of this Offer.

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

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

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

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

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

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

A. Purchaser’s satisfaction with the Premises following Purchaser’s testing, analysis, inspection and evaluation of the Premises (“Purchaser’s Evaluations”). Purchaser shall have ninety (90) days after the Date of this Offer (“Inspection Period”) in which to conduct such investigations, evaluations and testing of the Premises (both above ground and below ground) as Purchaser deems appropriate in order to determine if the Premises are satisfactory and suitable for Purchaser’s intended use and enjoyment. Purchaser’s Evaluations may include, but shall not be limited to: (i) a physical inspection of all aspects of the Premises; (ii) an environmental analysis and investigation of the Premises; (iii) an analysis of the availability of any federal, state or local tax abatements or property tax reductions

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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 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

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waive all contingencies enumerated in Paragraphs 10(A) and (B) above, except that Purchaser may solely use the Extension Period in which to continue to pursue all necessary governmental approvals from the City of Troy 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 Troy or other governmental agencies having jurisdiction over the Premises to obtain the Governmental Approvals. In the event all Governmental Approvals have not been secured prior to the expiration of the Extension Period, Seller and Purchaser agree that if the Purchaser does not obtain the Governmental Approvals within the Extension Period, Purchaser may terminate this Offer and if terminated, Purchaser shall be entitled to a return of its Earnest Money Deposit, provided Purchaser shall provide to Seller, free of charge, the Documents referenced in Paragraph 10(B) above.

D. Seller shall be obligated to obtain the approval and consent of the City of Troy to split the Premises from the approximately 70.647 +/- acre parent parcel and obtaining a new Sidwell number for the Premises (the “Lot Split”).

E. PURCHASER ACKNOWLEDGES THAT ONCE THE INSPECTION PERIOD AND THE EXTENSION PERIOD, IF ANY, EXPIRE PURCHASER HAS ACCEPTED THE PREMISES PURSUANT TO THIS PARAGRAPH AND PURCHASER TAKES THE PREMISES “AS IS”. EXCEPT AS PROVIDED IN 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 CODE THAT RELATES TO THE PHYSICAL OR ENVIRONMENTAL CONDITION OF THE PREMISES.

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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

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.

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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.

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.

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

23. Notwithstanding anything contained herein to the contrary, Purchaser, at its sole cost and expense, shall be obligated to develop and use the Premises in accordance with the planned use and concept attached hereto and made a part hereof as Exhibit D (the “Concept Plan”). The Concept Plan, subject to municipal approval, is an indication of what Purchaser intends to develop and may be only altered based on municipal feedback and requirements as well as reasonable value engineering. To ensure Purchaser’s development of the Premises in accordance with the Concept Plan, Purchaser shall provide Seller with copies of any and all documents that it plans to submit to the City of Troy or any other governmental agency having jurisdiction over the Premises at least ten (10) days prior to such submission to allow Seller the opportunity to review such documents for compliance with this Paragraph and this Offer. These obligations of Purchaser shall survive the Closing. If the Concept Plan is modified substantially by the Purchaser, the Seller shall have a right to approve the modified concept plan or terminate this Offer and retain the Earnest Money Deposit.

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

PURCHASER:

By:

Its:

Date:

SELLER: TROY SCHOOL DISTRICT

By:

Its: Superintendent

Date:

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EXHIBIT A

LEGAL DESCRIPTION

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

PART OF THE SOUTHWEST ¼ OF SECTION 1, TOWN 2 NORTH, RANGE 11 EAST, CITY OF TROY, OAKLAND COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1; THENCE SOUTH 88 DEGREES 30 MINUTES 57 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 1, 1310.47 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 14 MINUTES 37 SECONDS WEST ALONG THE EAST LINE OF CHESAPEAKE GROVE, OAKLAND COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 1827, AS RECORDED IN LIBER 40338, PAGE 751, OAKLAND COUNTY RECORDS, 326.81 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 54 SECONDS EAST, 384.58 FEET; THENCE NORTH 32 DEGREES 20 MINUTES 18 SECONDS EAST, 121.26 FEET; THENCE NORTH 84 DEGREES 02 MINUTES 57 SECONDS EAST, 153.43 FEET; THENCE SOUTH 83 DEGREES 40 MINUTES 36 SECONDS EAST, 249.74 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 29 SECONDS WEST, 415.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 1; THENCE NORTH 88 DEGREES 30 MINUTES 57 SECONDS WEST 841.77 FEET TO THE POINT OF BEGINNING.

Sidwell Nos: 20-01-300-016

EXHIBIT B

WARRANTY DEED

This Indenture, made the ____ day of ______, 201__ between TROY SCHOOL DISTRICT (hereinafter called the “Grantor”), whose address is 4400 Livernois Road, Troy, Michigan 48098, 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 Troy, Oakland County, Michigan, described as:

PART OF THE SOUTHWEST ¼ OF SECTION 1, TOWN 2 NORTH, RANGE 11 EAST, CITY OF TROY, OAKLAND COUNTY, MICHIGAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1; THENCE SOUTH 88 DEGREES 30 MINUTES 57 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION 1, 1310.47 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 14 MINUTES 37 SECONDS WEST ALONG THE EAST LINE OF CHESAPEAKE GROVE, OAKLAND COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 1827, AS RECORDED IN LIBER 40338, PAGE 751, OAKLAND COUNTY RECORDS, 326.81 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 54 SECONDS EAST, 384.58 FEET; THENCE NORTH 32 DEGREES 20 MINUTES 18 SECONDS EAST, 121.26 FEET; THENCE NORTH 84 DEGREES 02 MINUTES 57 SECONDS EAST, 153.43 FEET; THENCE SOUTH 83 DEGREES 40 MINUTES 36 SECONDS EAST, 249.74 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 29 SECONDS WEST, 415.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 1; THENCE NORTH 88 DEGREES 30 MINUTES 57 SECONDS WEST 841.77 FEET TO THE POINT OF BEGINNING.

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:

TROY SCHOOL DISTRICT

By:______

Its:______

STATE OF MICHIGAN ) )SS COUNTY OF OAKLAND )

On ____ day of ______, 201__, before me, the undersigned notary public in and for said County, personally appeared______, ______of Troy School District, to me known to be the same person who executed the within instrument on behalf of Troy School District, and who acknowledges the same to be the free act and deed of Troy School District.

______, 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 Nos: 20-01-300-016

EXHIBIT C

RELEASE AND HOLD HARMLESS

The undersigned, in consideration of the permission of TROY SCHOOL DISTRICT

(“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:

______

EXHIBIT D

PURCHASER’S CONCEPT PLAN

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

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

PURCHASER:

Name of Purchaser

By: Its: Date: STATE OF ) )ss. COUNTY OF ______)

This instrument was acknowledged before me on the _____ day of ______, 2018, by ______. ______, Notary Public ______County, ______My Commission Expires:______Acting in the County of :______

219680810.1 21968/313532