Zamler.pdf

Gene Zamler Petitioner V Township Of Bloomfield Respondent · 26-002467-TT

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RECEIVED 

TranInfo:d606 26121966-1 

06/15/26 

MAY 1 9 2026 

pr. 

Chk: 

1778 

puts $300.00 

Co) 

ID: 

GENE ZAMBLER 

MICHIGAN TAX TRIBUNAL 

A 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

FRINGE 

DIRECTOR 

PROPERTY TAX APPEAL PETITION FORM 

VALUATION / UNCAPPING 

Do not use this form to appeal Classification, Principal Residence Exemption, Qualified Agricultural Exemption, Other 

Exemptions, Special Assessments, or Non-Property tax disputes. 

Pursuant to Tax Tribunal Rule (TTR) 279, you MUST submit a copy of the notice giving rise to the appeal (i.e., Board of 

Review Decislon or other notice) with this petition, if applicable. 

If you do not submit this document, you may be held in 

default. 

Section 1: Petitioner’s Contact Information 

Firat Name 

MI 

Last Name/Company Name 

Gene 

Zamler 

Malling Address (No., Street, P.O. Box or Rural Route) 

7009 Franklin Road 

: 

City 

or T 

State 

| ZIP Code 

YT" Bloomfield Hills 

MI | 

“48301 

Telephone Number 

(248) 760-2220 

Emall Address (do not enter unless you want MTT to send all correspondence via emall) 

gzamler@zskpc.com 

Section 2: Petitioner's Attorney/Authorized Representative’s Contact Information 

First Name 

Mi. 

Last Name 

Firm Name (if any) 

Mailing Address (No., Street, P.O. Box or Rural Routs) 

City or Town 

State 

ZIP Code 

Telephone Number 

Email Address (do not enter unless you want MTT to send all correspondence via emall) 

Section 3: Subject Property Information *use the multiple parcel form for additional, contiguous parcels. 

How many parcels are you 

if 

you are appealing more than one parcel, are they contiguous or adjoining? 

appealing? 

Yes* 

No** 

one 

*If No, you must file separate appeals for each parcel 

[3 

rly Address (No., Street) 

oe 7009 

Nain Road 

City or Town 

County 

State 

ZIP Code 

Township of Bloomfield 

Oakland 

MI 

48301

TN, 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Check which of the following you are appealing (check ail that apply) 

True Cash and Taxable Value 

Taxable Value Only (calculation) 

a Uncapping of Taxable Value 

Section 5: Explain the Reason for this Appeal 

The market value of home is, at most, $2,388,000. Attached are Purchase Agreement for the 

land and construction contract. Total equals $2,388,000. 

The sale price of homes in the area have diminished significantly in past 12 months. A 

similar home would sell for less than $2,388,000. 

I have not finished the basement. I have not done any additional work to home other than 

paint garage floor and some minor landscaping. 

I respectively request a reduction to $2,388,000. 

Section 6: Jurisdictional Issues 

Did you protest the assessment at a Board of Review (BOR)? O Yes 

[55] No 

If Yes, chack which BOR you attended: [mm] March 

=] July 

O December 

If No, please check the applicable reasan(s): 

[X Not required to attend 

a Appealing a purported Clerical Error 

or Mutual Mistake of Fact (if yes, include explanation in Section 6) 

a Appealing within 36 days of State Tax Commission Order 

| Appealing within 35 days of recelpt of Notice of Uncapping 

[O other 

If you checked “other” abave, explain:

GBA 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 7: Valuation Information use the multiple parcel form for additional, contiguous parcels. 

Parcel Number: 

C-19-31-431-007 

Classification 

of Property: 

Real] 

Personal 

1 (check one) 

Agricultural 1 

Commercial J 

Industrial 

{J 

Residential @ 

 Timber-Cutover 1 

Developmental 0 

Utility 

OJ (check one) 

Assessed Value (aleo known as State Equalized Value) established | Taxable Value established by the Board of Review: 

by the Board 

of Review: 

1,496,360 

1,496,360 

What do you belleve is the fair market value (algo known as true cash value)? 

$2,300,000 

What do you belleve is the assessed value? (multiply true cash 

What do you believe ia the taxable value? (cannot exceed 

value by .5) 

1 150,000 

assessed value) 

1, 150,000 

Fee Information 

Does the property have a Principal Residence Exemption of at least 60% as of the date of the filing of this petition for all tax years at 

issue? 

0 Yes 

No 

Hf you answered yes 

to the above question, you are pot required to pay any filing fees. 

If the property does not have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition for all tax years at 

Issue, the filing fee is based on the greater of the State Equalized Value or Taxable Value in dispute. if you are appealing more than one 

parcel, the parcel with the highest State Equalized Value or Taxable Value in dispute will be used to determine your filing fee, plus $26.00 

will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000.00 

If your property is residential property (see MCL 206.762) and 

the State Equalized Value or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$125.00 

$100,000.01 to $600,000.00 

$200.00 

$Over $500,000.00 

$300.00 

If the property is NOT residential property (see MCL 205.762) and 

the State Equalized Value or Taxable Value In contantion is: 

Filing Fee is: 

$100,000.00 and under 

$260.00 

* Plus $25.00 for each additional parcel, as indicated above. 

If the property is NOT residential property and the Stale Equalized Value or Taxable Value in dispute is $100,000.01 or greater the 

appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. 

A 

Signature /reqfes 

Petitioner 

or 

Aftol 

A 

rized Rep) 

ntative’s Signature: 

5] 7 g 7 pi a 

(Gene Zamler)

te age oro: 

THIS 

IS NOT A TAX BILL 

L-4400 

Notice of Assessment, Taxable Valuation, and Property Classification 

= 

Ten is issued under the authority of Public Act 206 of 1893, Soc. 211.24¢ and Sec.21 1.34c, as amended. This is a modal 

ment notice to be used by the local assessor. 

P, 

CHARTER TOWNSHIP OF BLOOMFIELD 

PARCEL ANGE RCEL a} ir) 067 

DARRIN KRAATZ - ASSESSOR 

4200 TELEGRAPH RD, PO BOX 489 

PROPERTY ADDRESS; 

BLOOMFIELD HILLS, MI 48303 

7009 FRANKLIN RD 

BLOOMFIELD HILLS, MI 48301 

SCHOOL DISTRICT CODE: 

63080 

OWNER'S NAME AND ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: 

EXEMPTIONS 

- 

" 

nd 

fy 

a 

o 

£4340 L4LNUTO 25-DIGIT 48302 

T8 

P1 

ik 

“ 

% Exenpt 

As Homeowners FiinclpalResicences 

0% 

ZAMLER, 

GENE 

% Exempt As "Qualified Agricultural Property”; 

0% 

ZAMLER, 

CAROL 

. 

3006 PaANKLON 

KD 

% Exempt As "MBT Industrial Personal: 

0% 

BLOOMFIELD HILLS, 

MI 

48301-3623 

% Exempt 

As "MBT Commercial Personal”; 

0% 

RR 

TR 

TE TC ERR 

TR FTE 

RE TE 

Exempt As "Disabled 

Veteran or 

[JYes 

[XI No 

Surviving Spouse”: 

Exempt 

As "Qualified Forest Property” 

[Yes 

 [X] No 

Exempt 

As "Development Property™ 

[1 Yes 

[X] No 

LEGAL DESCRIPTION: 

T2N, R10E, SEC 31 FRANKLIN WOODS SUB LOT 7 9-21-23 FR 428-001 

ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 

401 

Residential 

PRIOR YEAR'S CLASSIFICATION 

' 

401 

Residential 

The change in taxable value will increase/decrease 

CHANGE FROM 

your tax bill for the 2026 year by approximately: 

siors| 

VAR aT 

AMOUNT YEAR: oo 

PRIOR YEAR TO 

1. TAXABLE VALUE: 

645,630 

1,496,360 

850,730 

2. ASSESSED VALUE: 

850,73 

3. TENTATIVE EQUALIZATION FACTOR: 

1.000 

[iE 

: 

0 

i 

; 

4. STATE EQUALIZED VALUE (SEV). 

645,630 

1,496,360 

850,730 

5. WAS THERE A TRANSFER OF OWNERSHIP IN 2025 THAT RESULTED IN A TAXABLE VALUE UNCAPPING? 

[Yes 

No 

6. Assessor Change Reason(s): 

The 2026 Inflation rate Multiplier is: 1.027 

Questions regarding the Notice of Assessment. Taxable Valuation. and Property Classification may be directed to the Following: 

Name: 

Telephone Number: 

Email Address: 

Assessing Department 

(248) 433-7710 

assessor@bloomfieldtwp.org 

7 

March Board of Review Appeal Information. The Board of Review will meet at the following dates and times: 

2026 MARCH BOARD OF REVIEW DATES AND TIMES:

Guidance regarding Form 1019, 

Notice of Assessment, Taxable Valuation, and Property Classification 

Not less than 14 days before the first meeting of the Board of Review, the assessment notice shall be mailed to the 

property owner. 

Property taxes are calculated based on the Taxable Value (Line 1). State Equalized Value is the Assessed Value multiplied 

by the Equalization Factor, if any. State Equalized Value must approximate 50% of market value. 

The Taxable Value number entered in the “Change from Prior Year to Current Year” Column, does not indicate a change in 

your taxes. The change in your tax bill is estimated above Line 1. 

State Equalized Value is the Assessed Value multiplied by the Equalization Factor, if any. State Equalized Value must 

approximate 50% of market value. 

IF THERE WAS 

A TRANSFER OF OWNERSHIP on your property in 2025, your 2026 Taxable Value will be the same as 

your 2026 State Equalized Value. 

IF THERE WAS NOT A TRANSFER OF OWNERSHIP on your property in 2025, your 2026 Taxable Value is calculated 

by multiplying your 2025 Taxable Value by 1.027 (Inflation Rate Multiplier for the current year). Physical changes in your 

property may also increase or decrease your Taxable Value. Your 2026 Taxable Value cannot be higher than your 2026 

. 

State Equalized Value. 

| 

The Taxabie Value, the Assessed Value, the State Equalized Value, the Property Classification, or the Transfer 

of 

Ownership may be appealed by filing a protest with the Local Board of Review. Protests are made to the Board of 

Review by completing a Board of Review Petition Form. A Petition Form may be obtained directly from the local 

unit or from the Michigan Department of Treasury's website at www.michigan.govitaxes. Click on the “Property 

Taxes” box, select “Forms and Instructions,” then click on “Board of Review” to obtain a “Petition to the Board 

of Review,” Form 618 (L-4035). 

The denial of an exemption from the local school operating tax for “qualified agricultural properties” may be appealed to 

the local Board of Review. The denial of an exemption from the local school operating tax for a “homeowner's principal 

residence” may be appealed to the Michigan Tax Tribunal by filing a petition within 35 days of issuance of this notice. The 

petition must be a form approved by the Michigan Tax Tribunal, which are available at www.michigan.govitaxtrib. 

Filing a protest with the Board of Review is necessary to protect your right to further appeal exemption disputes and 

valuation disputes involving property classified Agricultural Real or Personal, Residential, or Timber-Cutover to the 

Michigan Tax Tribunal and classification appeals to the State Tax Commission. Properties classified Commercial Real, 

Industrial Real or Developmental Real may be appealed to the regular March Board of Review or to the Michigan Tax 

Tribunal by filing a petition by May 31. Commercial Personal, Industrial Personal, or Utility Personal Property may be 

appealed to the March Board of Review or to the Michigan Tax Tribunal by filing a petition by May 31 

if a personal property 

statement was filed with the local unit prior to the commencement of the Board of Review as provided by MCL 211.19, 

except as otherwise provided by MCL 211.9m, 211.9n and 211.90. An appeal of properties classified as Agricultural Real 

or Personal, Residential, or Timber-Cutover must be made to the Michigan Tax Tribunal by July 31. The petition must be a 

form approved by the Michigan Tax Tribunal, which are available at www.michigan.govitaxtrib. 

To claim a PRE, complete the “Principal Residence Exemption Affidavit” (Form 2368) and file it with your township or 

city of the year of the claim. A valid affidavit filed on or before June 1 allows an owner to receive a PRE on the current 

year surnmer and winter tax ievy and subsequent tax ievies so long as it remains tie owner's principai 1esidence. A valid 

affidavit filed after June 1 and on or before November 1 allows an owner to receive a PRE on the current winter tax levy 

and subsequent tax levies so long as it remains the owner's principal residence.

2026 BOARD OF REVIEW DECISION 

FROM 

CHARTER TOWNSHIP OF BLOOMFIE 

4200 TELEGRAPH RD, PO BOX 489 

BLOOMFIELD HILLS, MI 48303 

NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL: 

PROPERTY IDENTIFICATION: (Parcel Code required. Property address 

and legal description optional.): 

C-19-31-431-007 

7009 FRANKLIN RD 

ZAMLER, GENE 

ZAMLER, CAROL 

7009 FRANKLIN RD 

T2N, RI0E, SEC 31 FRANKLIN WOODS SUB LOT 79-21-23 

BLOOMFIELD HILLS, MI 48301 

| 

FRr428-001 

THIS PROPERTY IS CLASSIFIED 

401 (RESIDENTIAL-IMPROVED) 

Thank you for attending this years March Board of Review. The Board has reviewed the information you supplied and the data necessary 

to compute your assessment and taxable value. 

The Board has completed their review of parcel number 

C -19-31-431-007 

They have made the following determination based on the information you supplied. 

Board of Review Comments 

NOT SUFFICIENT EVIDENCE 

2026 ORIGINAL ASSESSED VALUE 

1,496,360 

] 

2026 

"BOARD OF REVIEW" ASSESSED VALUE 

1,496,360 

(If the above amounts are the same, no revisions have occured) 

2026 ORIGINAL TAXABLE VALUE 

1,496,360 

2026 

"BOARD OF REVIEW" TAXABLE VALUE 

1,496,360 

2026 

PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 

0.0000 

j 

Please feel free to contact the assessor at the address listed above or call if you have any questions. 

‘Effective March 1, 2013, the Tribunal is no longer able to accept Small Claims letter appeals. Rather, you are required to file a petition to 

nitiate a new Small Claims appeal. Petition forms are available on this website." 

attp://www.michigan.gov/taxtrib/0,4677,7-187-38254---,00.html

3 

Purg] 

SALE AND PURCHASE AGREEMENT 

FRANKLIN WOODS ASSOCIATES, LLC, a Michigan limited liability company ("Seller"), desires to 

sell the land described in Paragraph 2 (the “Property”). Gene and Carol Zamler Michigan Qualified Residence Trust 

("Purchaser") desires to purchase the Property and it is in consideration of the mutual agreements described in this 

Agreement that Seller and Purchaser agree that: 

1: 

Sale 

Purchase of the Property. 

Subject to the terms of this Agreement, Purchaser will purchase the 

Property from Seller and Seller will sell the Property to Purchaser. 

The sale and purchase of the Property will be 

consummated at a closing (“Closing™). 

2: 

Property Description. The Property is located in the Township of Bloomfield, County of Oakland, State of 

Michigan, legally described as Lot 7 Franklin Woods Subdivision as recorded in Liber 298 Pages 1-8 Oakland County 

Records 

Tax ID Number: C-19-31-431-007 

Common 

Address: 7009 Franklin Rd., Bloomfield Hills, Michigan, 48301; 

($605,000.00) 

Dollars (“Purchase Price”). At Closing Purchaser will pay to Seller the Purchase Price and any other 

¢ to Seller by cashier's check or by wire transfer of federal funds. Purchaser has previously placed a 

Seller in the amount of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars (the “Deposit”). The 

eposit shall be applied to the Purchase Price. 

—ee— 

4. 

Construction of Residence. Seller has agreed to sell and Purchaser has agreed to purchase the Property with 

the intent to enter into a separate agreement for construction of a residence on the Property (“Construction Contract”) 

ona 

form substantially consistent with Exhibit A or as mutually agreed between the parties. The Construction Contract 

shall be executed contemporaneous with the Closing. 

5. 

Title Commitment. Prior to Closing Seller will cause First American Title Company or a mutually agreed 

alternative (“Title Company”) to fumish to Purchaser a commitment to issue a title insurance policy in the amount of 

the purchase price for the Property. Purchaser shall have ten (10) days to review the title commitment and object to 

permitted exception (“Permitted Exception”). If Seller is unable to cure such objection within ten (10) days of written 

notice from Purchaser, Purchaser may either waive the objection and proceed to Closing or request a refund of the 

Deposit and terminate this Agreement. At Closing, Seller will at Seller’s expense cause Title Company to deliver to 

Purchaser a title insurance policy pursuant to the commitment, which contains Permitted Exceptions and is without 

standard exceptions in the amount of the Purchase Price. 

6. 

Closing. Closing on the Property shall occur on or before November 30, 2023. 

At Closing Purchaser will 

pay to Seller the Purchase Price for the Property with credit for the Deposit and Seller will convey to Purchaser good 

fi 

Taxes. 

Taxes will be prorated and adjusted as of the date of Closing in accordance with the “due date” 

method of proration (and any tax bills that are not due for payment until after the date of Closing will be paid by 

Purchaser). If tax bills have not been issued for the Property as of the date of Closing, the amount of taxes in respect 

to the Property will be determined by referring to tax bills for the larger parcel from which the Property was derived 

Price 

and Deposit. The purchase price for the Property is Six Hundred Five Thousand and 00/100 

& © ib we

b. 

Storm Water Management. Bloomfield Township and Oakland County Water Resource Commission require 

storm drainage facilities to be constructed on each lot to limit runoff to amounts prior to construction of any 

structures or impervious surfaces. Seller has obtained approval of a storm water management plan. Purchaser 

will be responsible for cost of construction of the storm water management system required to service the 

d. 

The costs for which Purchaser is responsible described in Paragraph 8a, b and ¢ are included in the scope of 

work described in the Construction Contract, Provided Purchaser is not in default as Owner under the 

Construction Contract there will be no additional costs for these items to Purchaser. 

10. 

Default. 

If Purchaser or Seller defaults in respect of any of the payments or other obligations under this 

Agreement and if that default continues 

for more than ten (10) days after written notice of that default is delivered by 

Seller to Purchaser to the other party, then at any time after that ten (10) days the non-defaulting party may deliver to 

the defaulting party written notice terminating this Agreement and in such event this Agreement will be terminated. 

At termination, if Purchaser is the defaulting party the amount of the deposit may be retained as liquidated damages 

and Seller and Purchaser will have no further rights or obligations under this Agreement. 

If Seller is the defaulting 

party Purchaser may elect to require any and all amounts paid by Purchaser to be returned to Purchaser, and Seller 

and Purchaser will have no further rights or obligations under this Agreement or, in the alternative, to sue for specific 

performance. 

full responsibility for any such claim and shall hold harmless, defend and indemnify the other from any and all such 

claims.

presentations or statements. 

Agreement. This Agreement will be binding upon the heirs, personal representatives, 

and assigns of Seller or Purchaser, as the case may be. 

This Agreement is 

PURCHASER ACKNOWLEDGES THAT PURCHASER HAS READ THIS AGREEMENT AND THAT 

PURCHASER IS ADVISED TO OBTAIN THE ADVICE OF A LAWYER REGARDING THE TRANSACTION 

CONTEMPLATED UNDER THIS AGREEMENT. 

PURCHASER: 

SELLER: 

FRANKLIN WOODS ASSOCIATES, LLC 

| 

ee 

CR Oo 

: 

pe 

y: 

or 

ONS 

willy 

Its: Hlasnsger— 

be _14/16 [200-3 

Date: 

// 

- 16-23 

Address of Purchaser: 

Address of Seller: 

4678 Wendrick Drive 

32000 Northwestern, Suite 195 

West Bloomfield, MI 48323 

Farmington Hills, Michigan 48334 

Email: tnosan@nosan.net 

Email: G: gzamler@zskpc.com 

C: gzamy@aol.com 

Telephone: G: 248 760-2220 

C: 248 760-2221 

Telephone: 248 932-5444

CONSTRUCTION CONTRACT FOR NEW RESIDENCE 

CONTRACTOR’S PLANS AND SPECIFICATIONS 

FIXED PRICE 

Date: 

November 17, 2023 

Project/Address: 

Lot 7 Franklin Woods Subdivision 

: 

7009 Franklin Rd. 

Bloomfield Township, Michigan 48301 

Tax ID Number C-19-31-431-007 

Owner: 

Gene and Carol Zamler Michigan Qualified Personal Residence Trust 

4678 Wendrick Drive 

West Bloomfield, MI 48323 

Contractor: 

Franklin Woods Associates LLC 

32000 Northwestern Hwy., Suite 195 

Farmington Hills, MI 48334 

Schedule: 

Start Date: Construction shall commence the later of 15 days of signing this Contract 

or permits being available for the project, whichever is later, 

Completion Date: Estimated to be 16 months from actual start (Contractor will use 

best efforts to finish timely and shall give Owner at least 45 days written notice in the 

event completion will be delayed) 

Contract Price: 

One Million Seven Hundred Eighty Three and no/100 ($1,783,000.00) Dollars. The 

: 

Contract Price has been determined by the Contractor based on the Drawings and 

Specifications listed in the List of Drawings and Specifications attached hereto. 

Scope of Work: 

As defined in Section 1.2, below 

Payment Schedule: 

Deposit due upon execution of this Construction Contract: Fifty Thousand and no/ 100 

($50,000.00) Dollars. 

Balance of the Contract Price to be paid as provided in Section 4.3 hereof. 

Attachments: 

Included Items List and Allowances 

Drawings and Features 

Title Work for Lot 

Notice of Commencement 

Contractor’s Certificate of Insurance 

Contractor's Residential Builders License

The Owner and Contractor agree as follows: 

1. 

THE CONTRACTOR’S WORK 

1.1 

The Contractor shall provide drawings and specifications for the Project for the review and approval 

of the Owner. The drawings and specifications shall comply with (i) all applicable laws, statutes, codes, 

ordinances, and rules and regulations of governmental authorities having jurisdiction over the Project in effect 

as of the date of issuance of the building permit for the Project; (ii) all easements, exceptions, covenants and 

restrictions applicable to the Owner’s property as indicated in the Title Work for the Property attached hereto; 

and (iii) all architectural standards and other design and construction requirements, if any, applicable to 

residences constructed in the subdivision in which the Property is located. The drawings and specifications 

shall meet the standard of care practiced by professional architects on similar projects in similar locations and 

shall be sealed by a design professional licensed in the State of Michigan as required to obtain building permits 

and governmental approvals for the Project. In the event the approvals in (i) through (iii) cause the project to 

exceed the scope and intent of any Preliminary Design Documents due to changes to the law or building codes 

that occur after the effective date of this Contract the cost of items (including professional fees) needed to 

comply shall be borne by Owner. In the event the plans are simply deficient based on existing laws or codes 

Contractor shall be responsible for the cost to comply. The Contractor may modify the drawings and 

specifications as requested by the Owner, except that the Contractor shall not make any modifications that are 

contrary to the requirements set forth in this Section 1.1. 

The term “Drawings and Specifications” when 

referred to herein shall be the most current drawings and specifications approved by Owner and Contractor. 

1.2 

The Contractor shall construct the Project in accordance with this Construction Contract. 

The 

Contractor agrees to provide all design, architectural and engineering services, labor, material, equipment, 

taxes (excluding real property taxes), supervision, permits, fees, licenses, insurance and other items required 

to complete the Project in accordance with the Drawings and Specifications and other requirements of this 

Contract, listed on the attachments titled "Included Items List and Allowances” and the “List of Drawings and 

Specifications”, Items not included in these lists or otherwise a part of this Contract shall be deemed excluded 

(“Excluded Items”). 

The costs described below are included in the scope of work described in this Construction Contract; 

a. 

Charges and fees to connect to the sewer or water imposed by the Township. 

b. 

Cost of construction of the storm water management system required to service the improvements 

to be constructed on the Property. 

c. 

The common driveway on the front portion of each lot linking all of the lots together. In the event 

Bloomfield Township refuses to permit construction of the common driveways an appropriate 

credit will be issued to Owner. The credit will be based on the difference in driveway paving as 

installed compared to square footage that would have been required if the connecting driveway 

had been installed. 

d 

d. 

Excess costs due to soil conditions that will not permit construction of the proposed Project on the 

Lot with standard foundations as shown on the plans. 

Provided Purchaser is not in default under this Construction Contract there will be no additional costs 

for these items to Purchaser. 

1.3 

The Contractor shall perform the Work in accordance with this Contract and shall comply with all

15 

Upon completion of the Work (and periodically during its performance at the option of the Owner), 

the Owner (or a representative designated by the Owner) will inspect the Work to determine work items to be 

completed or corrected by the Contractor as a condition of acceptance of the Work by the Owner. Failure of 

the Owner to require correction of a work item shall not relieve the Contractor of its obligation to complete the 

Work or correct defective work in accordance with this Construction Contract. 

1.6 

The Contractor shall be responsible for all safety precautions required for the performance of the Work. 

The Contractor shall provide precautions as necessary to protect the Owner’s residence and property, and 

adjacent property, from damage caused by the Work or the Contractors activities. 

The Contractor shall 

promptly repair any damage or loss caused by the Work. 

1.7 

The Contractor shall have full responsibility for dealing with complaints from the homeowners in the 

area of the Project with respect to noise, working hours, debris, blocked access, parking of workmen, damage 

to their property and similar matters, 

Any such complaints received by the Owner will be directed to the 

Contractor, and the Contractor shall resolve all such complaints to the best of its ability through the exercise 

of diplomacy so that the Owners’ relationships with their neighbors are not impaired. 

2. 

SCHEDULE AND COMPLETION 

2.1 

The Contractor acknowledges that the Work for the Project involves the Owner’s personal residence 

and that time is of the essence of this Construction Contract. 

Prior to commencement of construction, the 

Contractor shall prepare a detailed schedule for the performance of the construction work (the “Schedule”), 

consistent with the construction start and completion dates on page 1 above. The Contractor shall perform the 

Work in accordance with the Schedule and shall complete the Work by the completion date set forth above, 

subject to extension as reasonably required for delays beyond the control of the Contractor. 

On a monthly 

basis, the Contractor shall report to the Owner on the progress of the Work and shall provide the Owner with 

an updated Schedule comparing the scheduled and actual progress of each work activity, The Contractor shall 

promptly notify the Owner of any delays or potential delays to the Work, 

22 

Final Completion of the Project shall be deemed to have occurred when all of the following conditions 

have been satisfied: 

(i) all work, including punchlist work, has been completed in accordance with the 

Drawings and Specifications; (ii) an unconditional certificate of occupancy has been issued and delivered to 

the Owner (unless weather or conditions beyond Contractor’s control allow for only a temporary certificate of 

occupancy or the parties agree to accept same); (iii) Contractor's final full unconditional sworn statement and 

conditional waiver of lien has been submitted to the Owner; (v) the Contractor has delivered all special 

warranties, operating and maintenance instructions, keys and similar items to the Owner; (vi) the Contractor 

has removed all tools, equipment, debris and waste from the Owner’s property and has completed final cleanup 

of the Project-. 

3. 

CHANGESTO THE WORK 

3.1 

No changes shall be made in the description of the Work set forth in the Drawings and Specifications 

without the prior written approval of the Owner accepted by the Contractor. The Owner and Contractor may 

agree to changes in the scope of the Work, consisting of additions, deletions or modifications, only by written

3.2 

For items that require the Owner to make selections (such as brick color, tile color, flooring materials, 

etc.), the Contractor shall notify the Owner in advance of the time such selections. The Owner agrees to make 

such selections on a timely basis. 

33 

If there is more than one Owner signing this Contract changes to the Work authorized in writing by 

one of the Owner signatories to this Construction Contract will deemed to have been authorized by both Owner 

signatories. 

4. 

CONTRACT PRICE AND PAYMENT 

4.1 

For the performance of the Work under this Construction Contract, the Owner shall pay the Contractor 

the Contract Price set forth on page 1, subject to adjustment in accordance with this Construction Contract. 

The Contract Price includes the Contractor’s profit, 

all overhead costs (home office and Project site), 

compensation for design services and preparation of the Drawings and Specifications, and other incidental 

costs incurred by the Contractor in connection with the Project, including, without limitation, the Contractor’s 

tools, temporary facilities, supervision, clean up and dumpsters, barricades, safety precautions, porta johns, 

permits, licenses, fees, insurance, taxes, document reproduction, general conditions items, and miscellaneous 

expenses. The Contract Price excludes all items that are not specifically listed as included. 

4.2 

The Contract Price includes all Allowance amounts for the work items designated as allowances in the 

attached Included Items List. The scope of work to be provided for each Allowance item will be subject to the 

final approval of the Owner. The Contract Price will be adjusted for Allowance amount overruns -in the same 

manner as for Change Orders in section 3.1, above. Unused allowances will be credited at face value against 

the Contract Price. The Contractor will provide documentation as requested by the Owner to substantiate the 

amount of such adjustments, 

: 

43 

The Contract Price set forth on page 1 hereof will be paid by the Owner to the Contractor in cash, by 

wire transfer or certified funds. The Owner will make payment within five (5) days after receipt of the 

Contractor’s application for payment and required submittals. Application for payment may be made no more 

often than monthly 

and shall be based upon progress of the construction as shown in a 

Sworn Statement 

supplied to Overby Contr 

ting work compl previous amounts billed to Owner and the amount 

currently due. Contractor shall credit the 

Deposit previously paid by the Owner to Contractor against the 

amount owing on the final application for payment. The final payment will be due to the Contractor upon Final 

Completion of the Work as defined in this Construction Contract. The Owner shall be entitled to withhold 

payment on account of defective work, damage to the Owner's property or other costs to the Owner caused by 

the negligence of Contractor. In the event of a good faith dispute regarding payment, the Owner shall pay the 

undisputed amount due to the Contractor, and the Contractor shall not suspend the Work or terminate this 

Contract. 

44 

As a condition of each payment, the Contractor shall submit (i) an application for payment using a 

form reasonably acceptable to the Owner or lender indicating the percentage or dollar value of completion of 

each portion of the Work; 

(ii) a Sworn Statement complying with the requirements of the Michigan 

Construction Lien Act listing all subcontractors and suppliers; and if required by a title company agreed on by 

the parties.

4.6 

Owner shall have no right to occupy (or in the event of a remodel, re-occupy) the residence until 

Contractor has been paid in full. 

S. 

INSURANCE 

5.1 

The Contractor shall maintain adequate insurance coverage to protect the Contractor and the Owner, 

including worker’s compensation coverage as required by law, commercial general liability coverage and 

automobile Hability coverage in at least the amounts indicated in the Contractor’s Certificate of Insurance 

attached to this Construction Contract. The Contractor’s insurance company shall acknowledge Owner’s 

interest in this Contract and provide for thirty (30) days prior written notice to the Owner of any cancellation 

or nonrenewal of the Contractor's coverages. 

5.2 

The Owner shall provide builder's risk insurance for the Project covering loss by fire, windstorm, theft, 

and vandalism in the amount of the Contract Price plus any change orders executed by the parties. 

The 

builder’s risk insurance shall cover the interests of the Owner and the Contractor and the Contractor's 

subcontractors. 

To the extent that Owner’s builder’s risk insurance contains a deductible or does not cover 

portions of the Work (including materials stored at the Project site), Owner shall be deemed to have made an 

election to self insure and shall remain responsible for payment of those sums. 

The Contractor shall be 

responsible to provide property insurance for its tools and equipment. The Contractor shall be responsible for 

the deductible portions (not to exceed $2,500 per loss) of losses under the Owner’s builder’s risk policy due to 

the fault or neglect of the Contractor. The Owner and the Contractor each waive claims against the other and 

their insurers for losses covered by the property insurance coverage required to be maintained by them under 

this Construction Contract. 

6. 

WARRANTY 

6.1 

The Contractor warrants that all materials and equipment furnished under this Construction Contract 

will be new and that all work performed will be free from defects in material and workmanship, and will be 

completed in accordance with the Drawings and Specifications and requirements of this Construction Contract. 

The Contractor agrees to promptly correct any work found to be defective or non-conforming within a period 

of one (1) year after Final Completion of the Work. 

The Owner shall provide the Contractor with written 

notice of any required warranty work and will provide reasonable access to the residence for performance of 

warranty work during normal business hours. In the event of a dispute regarding whether an item claimed is 

defective, the NAHB Residential Warranty Performance Guidelines, a copy of which is attached to this 

Contract. 

7 

INDEMNIFICATION 

i 

To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold the Owner 

harmless from any damage, liability, claim or expense resulting from injury to person (including death) or 

damage to property arising out of the performance of the Work for the Project. 

The Contractor shall be 

responsible to the Owner for all acts and omissions of any person performing work under this Construction 

Contract.

8.2 

This Construction Contract, including attachments, constitutes the 

entire, integrated agreement 

between the Owner and the Contractor and supersedes all negotiations, proposals or agreements; provided 

however, that this Construction Contract does not modify or amend the Sale and Purchase Agreement for the 

Lot. 

In the event of any conflict between any proposal from the Contractor and this Construction Contract, 

this Construction Contract shall govern and any conflicting terms of the Contractor's proposal shall not apply. 

This Construction Contract may be amended only by a written amendment signed by both the Owner and the 

Contractor. 

83 

All notices under this Agreement must be in writing and must either be personally delivered, 

sent by email to the email address listed below or deposited with a nationally recognized overnight 

delivery service for next day delivery. Notices must be sent to Seller or Purchaser, as the case may 

be, at their respective email or addresses appearing at the beginning of this Contract or at an alternate 

address if notice of that address has been delivered to the other party in writing according to the 

requirements of this Paragraph. To calculate time periods under this Contract, notice shall be deemed 

effective upon emailing or personal delivery or 5 days after mailing, whichever is applicable. 

9. 

TERMINATION 

9.1 

Ifa party to this Construction Contract is in breach of this Construction Contract, such party shall cure 

such breach within fificen (15) days after receipt of written notice of breach from the nonbreaching party. 

If 

the breaching party fails to cure such breach within such fifteen-day period, the non-breaching party shall have 

the right to terminate this Construction Contract. 

9.2 

In the event of termination, the Contractor shall provide an accounting of the portion of the Contract 

Price due relative to the Work that has been completed prior to the date of termination. The Contractor shall 

apply any Deposits to the balance due and either refund any excess to Owner or bill Owner for the balance 

due. If the Deposits are sufficient to pay the Contractor or, if not, upon payment of all sums due and owing to 

the Contractor, Contractor shall provide a sworn statement that is consistent with the accounting and waivers 

of lien including a full unconditional waiver from Contractor. 

9.3 

In the event parties cannot agree to terminate in accordance with paragraph 9.2, which disagreement 

may include dissatisfaction with the method of calculating damages, then the parties shall submit the matter to 

mediation with each party paying 50% of the mediator’s fee. If the parties fail or refuse to mediate, and either 

party sues the other, the prevailing party shall, in addition to all other damages awarded by the court, be entitled 

to actual costs and reasonable attorney fees. 

10. 

BUILDER LICENSING 

Michigan law requires a residential builder or a residential maintenance and alteration contractor to be licensed 

under article 24 of Act 299 of the Public Acts of 1980, as amended, being sections 339.2401 to 399.2412 of 

the Michigan Compiled Laws. An electrician is required to be licensed under Act No. 217 of the Public Acts 

of 1956, as amended, being sections 338.881 to 338.892 of the Michigan Compiled Laws. 

A plumber is 

required to be licensed under Act No. 266 of the Public Acts of 1929, as amended, being sections 338.901 to 

338.917 o

This Contract entered into as of the day and year first written above. 

Fd 

iF 

CONTRACTOR 

OWNER y 

Franklin Woods Associates LLC 

{7 

t1/2 7/3027 

State of Michigan Residential Builder License #262300804 

Ge 

ér * 

or 

Aarne Oddy 

YY 

ooo 

Carol Zamler 4 

Its: Authorized Agent 

*As trustee of the Owner trust and individually and 

as 

guarantor 

of Owners’ 

obligations 

under this 

Construction Contract 

Telephone: 

(248) 932-5444 

Telephone: G: 248 760-2220 

C: 248 760-2221 

Email: 

tnosan@nosan.net 

Email: 

G: gzamler@zskpc.com 

C: gzamy@aol.com

LIST OF INCLUDED ITEMS 

Bloomfield Mill 

- HM Homes Signature Collection 

Gene and Carol Zamler 

11/1/2023 

Lot 7 Bloomfield Mill 

7009 Franklin Road 

Item 

Description 

Price 

Base Plan C 

Base Plan approximate 3,755 SF with 2 full and 2 half baths and Standard Specifications 

$2,400,000.00 

Site Premium 

Lot 8 Bloomfigld Mill 

$30,000.00 

Upgrade 10 Plan D 

Plan D approximate 4,071 SF = 316 SF additional and 

1 additional full bath 

$100,000.00 

Kitchen 

Custom plan with comparable lineal footage of cabinets and countertops to Plan D and standard 

Included 

features and finishes 

Windows 

Delete side window in family room/den and enlarge window over kitchen sink facing lanai 

NC 

Foyer 

Delete interior brick wall 

-$4,000.00 

Elevation 

Standard (no stone) with "HIP" roof over secondary bedroom wing 

Included 

Covered Terrace 

Includes wood ceiling, steps to grade, exposed aggregate floor and BBQ area adjacent 

Included 

Lower Level 

Standard unfinished with generous vestibule and a pair of 26" doors (5' opening) with carpet 

Included 

Generator 

22KW Air Cooled Generator includes gas and transfer switch estimated 

$12,000.00 

Sod/Sprinklers 

Front/Rear/Sides 

Included 

Builder Incentive 

-$150,000.00 

Total Amount 

$2,388,000.00 

Standard items In standard quantities will always be provided at no additional cost to Owner. 

Allowances will 

be used only if Owner deviates from Standard Features or requests additional quantities of standard items. 

Deletion of items, when permitted by Bullder, will result in a credit based on the allowance amount fess costs 

Allowances: 

Tncurred by Builder to order and Install the substituted items. 

Brick 

Alowance for standard brick including tax and freight delivered to the jobsite per square foot 

3 

9.00 

Entry Door and Surround 

Includes entry doar, sidelights and transom windows, if any per selected elevation 

$ 

12,500.00 

Plumbing Fodures 

All fixtures needed for Kitchen, Bathrooms and Laundry Room including shower drains 

$ 

20,000.00 

Electrical Fixtures 

Exterior wall mounted electrical fixtures only 

$ 

1,500.00 

Fireplace 

48" linear gas fireplace Installed 

s 

7,500.00 

Home Automation/WiFi 

As described in "Standard features” (alarm prewire is not included) 

$ 

5,000.00 

Alf full baths, mud hall, laundry and 1/2 bath, shower and tub alcove walls at retail price including tax and freight per 

Tile Material 

square foot 

$ 

10.00 

Flooring - Woed Labor & Material 

All areas not tile or carpet installed and protected, includes woad floor registers, per square foot 

5 

10.00 

Flooring - Carpet Labor & Material 

Per square yard installed 

$ 

30.00 

Cabinets Labor & Material 

Kitchen, laundry, full and half baths, mudroom and skullery 

$ 

85,000.00 

Closets Labor & Material 

Closets in melamine adjustable shelving and chrome rods for hanging 

$ 

20,000.00 

Countertops Labor & Material 

3 centimeter Quartz with square edge installed per square foot 

$ 

75.00 

Fireplace Surround L & M 

Porcelain tile per square foot 

$ 

30.00 

Railing L & M 

Glass guard rail in metal frame at foyer and top of stairs. Metal graspable rail with glass inserts on stairs 

$ 

10,000.00 

Hardware 

All interior doors and cabinet drawers and doors (entry door in door package) 

$ 

4,000.00 

Appliances 

All appliances including installation 

$ 

27,500.00 

Mirrors & Shower Doors 

$ 

10,000.00 

e Zafer 

/{_~" 

Date 

Carol Zamisr 

Lk 

Abu 

i 

J 

Elaine Herbst 

hs ese EC 

a 

Authorized Signer

Attachment to Construction Contract 

LIST OF DRAWINGS (If Applicable) 

Site Plan prepared by AEW Engineers with annotations attached 

Architectural conceptual plans prepared by Young and Young Architects with annotations attached 

Standard Feature List Attached 

Standard Feature Pictures Attached 

Lal 

i

Attachment to Construction Contract 

TITLE WORK 

NOTICE OF COMMENCEMENT 

——— 

NN 

DARIN

Envelo

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