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HomeMy WebLinkAboutResolutions - 2022.02.03 - 35233trOAKLANDFr COUNTYT Y MICHIGAN BOARD OF COMMISSIONERS February 3, 2022 MISCELLANEOUS RESOLUTION #22-25 Sponsored By: Kristen Nelson IN RE: Parks & Recreation - Contract Lease with the City of Madison Heights for George W. Suarez Friendship Woods (Red Oaks Nature Center) Chairperson and Members of the Board: WHEREAS the Oakland County Parks and Recreation Commission is entering into an updated lease agreement with the City of Madison Heights to continue to operate the George W. Suarez Friendship Woods Park (operated as the Red Oaks Nature Center); and WHEREAS the lease has a 25-year term and will conunence upon execution by the Chairperson or his designee and will expire on December 31, 2046; and WHEREAS the lease has no monthly fee but provides guidelines for shared capital and maintenance project expenses at the park between the Oakland County Parks and Recreation Commission and the City of Madison Heights; and WHEREAS approval of the lease will result in the Oakland Comity Parks and Recreation Commission continuing to operate the Red Oaks Nature Center in Madison Heights for the benefit of the residents of Oakland County, providing trails, nature programming and interpretive services for local residents. families, and visitors. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the 25-year lease with the City of Madison Heights for the George W. Suarez Friendship Woods (Red Oaks Nature Center). BE IT FURTHER RESOLVED that no budget amendment is required as the existing Parks and Recreation Fund (#50800) budget reflects the terms of this lease agreement. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson. 6Z d David Woodward. Commissioner Hilarie Chambers, Deputy County Executive 11 Date: February 07, 2022 Date: February 11, 2022 Date: February ru ry 11, 2022 Lisa Brown, County Clerk J Register of Deeds COMMITTEE TRACKING 2022-01-25 Legislative Affairs & Government Operations - recotnrnend to Board 2022-02-03 Full Board VOTE TRACKING Motioned by Commissioner Gary McGillivray seconded by Counnissioner Philip Weipert to adopt the attached Contract: Lease with the City of Madison Heights for George W. Suarez Friendship Woods ( Red Oaks Nature Center). Yes: David Woodward, Michael Gingell, Michael Spisz. Karen Joliat, Kristen Nelson. Eileen Kowall, Christine Long, Philip Weipert. Gwen Markham, Angela Powell, Thomas Kuhn, Cluck Moss. Marcia Gershenson. William Miller III, Yolanda Smith Charles. Charles Cavell. Penny Luebs. Janet Jackson. Gary McGillivray, Robert Hoffinan (20) No: None (0) Abstain: None (0) Absent: (0) The Motion Passed. ATTACHMENTS 01-03-21 Red Oaks Nature Center Lease STATE OF MICHIGAN) COUNTY OF OAKLAND) I. Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 3, 20212, with the original record thereof noFv remaining in my office. In Testimony Whereof. I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Thursday, February 3, 2022, Lisa BroT+m Oakland County Clerk/ Register ofDeeds LEASE AGREEMENT This LEASE (Lease) entered into on , 2021 ("Effective Date"), by the City of Madison Heights, a Municipal Corporation located at 300 West Thirteen Mile Road, Madison Heights, MI 48071 ("Landlord") and the County of Oakland, by and through its statutory agent, the Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road, Waterford, MI 48328 ("Tenant"). BACKGROUND A. Landlord is the fee simple owner of real property upon which a building, improvements, and trails are located whose legal description is set forth in Exhibit A and is located 30300 Hales Street, Madison Heights, Michigan 48071. This property is currently owned by Landlord and operated and maintained by Tenant as a public park, natural preservation area, and nature center, known as the George W. Suarez Friendship Woods ("Land"). B. The Land consists of approximately 38 acres of real property including a building operated as a nature center and jogging, walking and cross-country ski trails. C. Tenant has created a County Parks and Recreation Commission pursuant to Public Act 261 of 1965. This Commission currently has custody, control, and management of 14 public parks, 5 golf courses, 3 dog parks, 2 waterparks, 2 campgrounds, 1 BMX track, 2 nature center, and over 67 miles of trails ("Park System"), D. Pursuant to Public Act 261 of 1965, MCL 46.351 et seq., Tenant may acquire property by lease for public parks, preserves, parkways, playgrounds, recreation centers, wildlife areas, and other conservation purposes, MCL 46.358. E. The Parties entered into a lease for Tenant to operate the Land on October 1, 2012 ("Original Lease"). F. The Parties desire to terminate the Original Lease and enter into this Lease. G. In consideration of the mutual covenants contained in the Lease, the Parties agree to the following terms and conditions. AGREEMENT §1. Leased Land. Landlord leases to Tenant and Tenant leases from Landlord the real property legally described in Exhibit A together with all buildings, improvements, and trails located on such property (the "Land"). Exhibit A is incorporated into this Lease. §2. Proner Title. Landlord warrants that it has legal title to the Land. Landlord, at its sole expense, shall defend Tenant against any claim challenging Landlord's right to confer upon Tenant the right to occupy the Land; and Landlord shall, at its sole expense, satisfy any judgment against Tenant arising from such claim. §3. Term. This Lease shall commence on Effective Date and shall end on December 31, 2046. Upon the Effective Date of this Lease the Original Lease between the Parties shall terminate. 0I-04-22--Lease Agreemenl.doo Page I of I §4. Rent. Tenant shall pay the Landlord, the sum of one dollar ($1.00) ("Rent") annually during the term of this Lease, as rent for the Land. §5. Use of Land. 51. Tenant shall only use the Land for a natural preservation area, and other uses consistent with Landlord's Zoning Ordinance and zoning classification of the Land. The Land shall be open for use by all persons consistent with the Tenant's Park Rules, The Land shall be incorporated into Tenant's Park System. The Land shall be part of the Red Oaks County Park complex, known as George W. Suarez Friendship Woods. 5.2, Subject to Landlord's standard sign permitting process, Tenant may erect signs on the Land, at its sole expense, which it deems necessary for its use of the Land. Such signs shall be consistent in style with signs used by Tenant in its Park System. 5.3. Tenant's use of the Land will comply with all applicable laws, regulations, and ordinances. 5.4. Tenant will utilize volunteers in various capacities for use of the Land pursuant to this Lease. All volunteers shall become part of Tenant's volunteer program and will be required to follow all piles and regulations of the Tenant's volunteer program. 5.5. Patrons entering the Land shall not be charged a vehicle access fee. Specific program fees may apply. 5.6. Tenant shall monitor the Land to defend against: (a) residents accessing the Land in an unauthorized or improper manner and (b) yard waste or debris being dumped or collected on the Land. Tenant will communicate any concerns related to the use of the Land to Landlord. §6. Use and Operation ofNature Center. 6.1. The Land currently has one building located thereon which is utilized as a nature center. The building will continue to operate as a nature center and will be known as the Red Oaks Nature Center at the Suarez Friendship Woods. 6.2. The Nature Center shall be operated and maintained as a regional facility. Tenant shall be responsible for providing and paying for all programming and events at the Nature Center. Such programming and events shall be at the sole discretion of Tenant, provided, however that the progranuning and events shall be consistent with the uses set forth in Section 5 and shall be provided on a year round basis. 6.3. Tenant shall, at its sole expense, control the access to the Nature Center by installing locks and modifying the existing building security system. Tenant may change the locks and security system as frequently as it deems necessary, and shall give Landlord a key to the Nature Center and information on how to use the security system installed at the Nature Center. §7. Maintenance/Renairs/Tenant to mrovements to the Land. 7.1. Tenant shall maintain and repair the Land in good working order and condition, including but not limited to the following: (1) fireplace maintenance, (2) fire extinguisher inspection and maintenance, (3) gutter cleaning, (4) fire suppression system maintenance, (5) heating/ventilation/air conditioning inspection and maintenance, (6) pond maintenance, (7) miscellaneous tree removal and maintenance and debris/limb clean up, (8) electrical 0 I-04-22--Lease Agreement doc Page 2 of i t work, (9) plumbing work, (10) alarm monitoring and maintenance, (11) repair of fences owned by Landlord or Tenant, but not fences owned by third -parties, (12) vernal pond maintenance, (13) deck maintenance, (14) parking lot maintenance, including pavement striping and pothole patching, (15) the entrance gates to Hales Street and Winthrop Drive, (16) audio / video equipment, and (17) larviciding. Maintenance and repair of the Land shall be consistent with how Tenant maintains its Park System. Tenant shall keep the Land free of debris. 7.2. Tenant shall create a five (5) year Maintenance Management Plan (MMP) and a five (5) year Capital Improvement Plan (CIP) for the Land, which shall be approved by Tenant and Landlord. Landlord's approval shall not be unreasonably withheld. Maintenance, repairs, and improvements to the Land shall be made in accordance with the CIP or MMP, as applicable 7.3. With the prior written approval of the Landlord's City Manager or his or her successor, Tenant may make improvements to the Land, subject to Sections 7.4, 7.5, and T6 of this Lease. Such approval shall not be unreasonably withheld and shall be communicated to Tenant within a timely period after receiving the request from Tenant. 7.4. When seeking approval for improvements, Tenant shall submit all applicable plans, drawings, and/or documents to the appropriate agencies. 7.5. Tenant shall be solely responsible for obtaining and paying for all governmental permits and approvals necessary to make any improvements, provided, however, that Landlord shall waive all of its permit fees and other fees for such improvements. 7.6. All improvements shall be constructed in a workmanlike manner and shall be completed in compliance with all applicable laws, riles, ordinances, and regulations. 7.7. Tenant shall be responsible for paying the first five thousand dollars ($5,000.00), on a per project basis for maintenance, repair, or improvements to the Land. All costs associated with maintenance, repair, or improvements to the Land, including those made pursuant to the MMP and CIP, which exceed five thousand dollars ($5,000.00) per project shall be paid equally by Tenant and Landlord; provided that Landlord shall pay no more than fifty thousand dollars ($50,000) per Landlord's fiscal year (July 1 — June 30) for maintenance, repair, or improvements. 7,8. Maintenance, repairs, or improvements to the Land shall be performed by contractors approved by the Landlord. 7.9. All improvements to the Land performed during this Lease shall remain the property of Landlord upon termination or expiration of this Lease. §8. Assienment and Sublettine. Tenant shall not assign or sublet this Lease in whole or in pant without Landlord's written consent, which may be obtained by Landlord's City Manager or his or her successor. However, subject to Section 5, Tenant has the right to allow third parties to use the Land, including the building located thereon, via a license agreement and not a sublease. §9. Utilities. Tenant shall be responsible for obtaining and paying for any utility service to the Land, including but not limited to water, sewer, gas, and electricity. On August 31 each year after the Effective Date of this Lease, Landlord shall pay to Tenant eight thousand seven hundred and seventy dollars and no cents ($8, 770.00) as a contribution toward utility services. Each August 01-04-22—Lease Agreement. doe Page of II 31 thereafter, this amount shall be increased by the percentage increase of the CPI from June of the preceding year to June of the current year to take into account increases in utility services. As used herein, "CPI" shall mean the U.S. Department of Labor, Bureau of Labor Statistics, Cost of Living for All Urban Consumers for the City of Detroit. §10. Services. 10.1. Tenant shall be responsible for providing and paying for all costs associated with obtaining, maintaining, and operating its telephone system, computer system (including Internet access), and any other systems Tenant installs in or at the Land, provided however, that Tenant may use Landlord's fiber optics and telephone system located on the Land at no charge. Tenant shall comply with Landlord's policy regarding use of the fiber optics. Any telephone, computer, or network equipment installed by the Tenant will be done at the Tenant's sole expense and responsibility for fimu•e maintenance. 10,2. Tenant shall be responsible for providing and paying for all costs associated with the following services: (1) snow and ice removal from Nature Center Building sidewalks, steps, entrance driveway from Hales Street and all panting areas, (2) custodial services, and (3) lawn care services. The Landlord shall provide trash bins in the main parkhig area collected by the Landlord's contractor. Tenant shall collect and dispose of trash in Tenant provided trash cans along the trails and program tent. Tenant shall not provide snow and ice removal services for the trails or boardwalks located on the Land. Landlord may provide snow and ice removal services at its sole expense for trails or boardwalks located on the Land. 10.3. Landlord shall be responsible for providing and paying for all costs associated with cleaning and maintenance of the storm drain infrastructure on the Land, limited to drain pipe and structure inspections and maintenance including sewer cleaning & video inspection as necessary. 10.4. Subject to the prior written approval and input of Landlord's City Manager or his or her successor, Tenant, at its own expense, shall develop, implement, and maintain a natural resources management plan for the Land. §11. Access to Land. Landlord shall have the right to enter the Land to examine and inspect the Land at any time. §12. Ouiet Eniovrnent. The Tenant shall peaceably and quietly enjoy and hold the Land, the rights, and the privileges granted under this Lease without hindrance or interference by the Landlord. §13. Governmental Aunrovals. This Lease is contingent upon Tenant obtaining and maintaining all governmental approvals, permits, and/or licenses that are necessary. If such approvals, permits, and/or licenses are not obtained or maintained, then Landlord or Tenant may terminate this Lease. §14. Termination. 14.1. Termination by Landlord: Upon sixty (60) days written notice to Tenant at the address set forth in Section 20, Landlord may terminate this Lease if; (1) Tenant fails to use the Land according to use set forth in Section 5, or (2) Tenant is in breach of the Lease and has failed to cure the breach within sixty (60) days of receiving notice from Landlord that Tenant is in breach. The notice from Landlord, setting forth the breach, shall sufficiently 0 1 -04-22—Lease Agreement.doc Page of 11 describe the breach so as to give Tenant enough information to cure such breach. Upon three hundred and sixty-five (365) days written notice to Tenant at the addresses in Section 21, Landlord may terminate this Lease if Landlord, in its sole discretion, determines that this Lease is not appropriate for its operations. 14.2, Termination by Tenant: Upon three hundred and sixty-five (365) days written notice to Landlord at the addresses in Section 20, Tenant may terminate this Lease if Tenant, in its sole discretion, determines that this Lease is not appropriate for its operations or finding is revoked by the Oakland County Parks and Recreation Commission. §15. Condemnation. In the event the Land is taken by eminent domain, this Lease shall terminate as of the date title to the Land vests in the condemning authority, In the event a portion of the Land is taken by eminent domain so as to materially hinder effective use of the Land by Tenant, either Party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to the other Party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and Landlord shall receive the full amount of such award. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, and leasehold improvements. §16. Liabili . 16.1. For the purposes of this Lease "Claims" means any alleged losses, claims, complaints, demands for relief or damages, suits, causes of actions, proceedings, judgments, deficiencies, liability, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are imposed on, incurred by, or asserted against the Parties or for which the Parties may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. 16.2. Tenant shall be responsible for any damage to the Land that is caused by Tenant or its elected officials, officers, employees, or volunteers. If damage occurs, Tenant shall make the necessary repairs and/or replacements or cause a third party to make the necessary repair and/or replacements to the Land. 16.3. Landlord shall be responsible for any damage to the Land that is caused by Landlord or its elected officials, officers, employees, or volunteers. If damage occurs, Landlord shall make the necessary repairs and/or replacements or cause a third party to make the necessary repairs and/or replacements to the Land. 16.4. Tenant shall be liable and responsible for any property loss or damage resulting lions fire, theft, or other means to Tenant's personal property during this Lease. 01-04-22--Lease Agreement. doe Page 5 of I I 16.5. Each Party shall be responsible for any Claims made against that Patty by a third party. Each Party shall be responsible for the acts or omissions of its elected officials, officers, employees, or volunteers arising under or related to this Lease. 16A In any Claims that may arise under or relate to this Lease, each Patty shall seek its own legal representation and bear the costs associated with such representation, including any attorney fees. 16.7. Notwithstanding any other provision of this Lease, if the building, operated as the nature center on the Land, for whatever reason, is rendered at least fifty percent (50%) unusable, in the judgment of Landlord's Building Official, then Tenant has no obligation to replace, repair or rebuild the building. If Tenant decides not to replace, repair, or rebuild the building pursuant to this Section, then Landlord may, at its sole expense, replace, repair, or rebuild the building. If Landlord decides to replace, repair, or rebuild the building, pursuant to this Section, then the terms and conditions of this Lease shall apply to that building. 16.8. Except as otherwise provided in this Lease, neither Patty shall have any right under any legal principle to be indemnified by the other Party or any of its elected officials, officers, employees, or volunteers in connection with any Claim. 16.9. Performance of this Lease is a governmental function. Nothing in this Lease shall be construed as a waiver of any governmental immunity, as provided by statute or court decision, for either Party or their respective Boards, Commissions, elected officials, officers, employees, or volunteers. 16.10.The Lease does not and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. §17. Insurance. 17.1. Liabilitv Insurance. Tenant shall maintain a program of general liability self-insurance for liability arising firm Tenant's use and operations on the Land. Upon request, Tenant shall fiunish Landlord with a certificate of general liability self-insurance. 17.2. Tenant's Personal Property. Tenant's personal property kept on the Land shall be insured at Tenant's option and sole expense. If insurance is purchased for Tenant's personal property, Tenant and Tenant's insurance carrier agree to waive all rights of subrogation against Landlord and Landlord's insurance carrier for any loss or damage to Tenant's personal property kept on the Land. 173. Buildine Insurance. Landlord shall cause the building located on the Land (which is operated as the Red Oaks Nature Center) to be insured against loss or damage under a policy or policies of fire and extended coverage insurance, including "additional perils." Landlord and Landlord's insurance carrier agree to waive all rights of subrogation against Tenant for any loss or damage to the building operated as the Red Oaks Nature Center exceeding $5,000.00, provided, however, that if Landlord makes a claim for damage caused by Tenant or its employees, volunteers, officers or officials, Tenant shall pay Landlord's insurance deductible up to $5,000.00. W-04-22--Lease Agreement doc Page 6 of I I §18. State Grants. The Landlord has received three Michigan Department of Natural Resources grants relating to property acquisition and development: December 15, 1982 State Recreation Land Acquisition Trust Fund MLTF#492 — Simonds Woods Nature Area Trust Fund Project Agreement; June 1, 1994 Protecting Micligan's Future Recreation Bond Program BF93-090 — Suarez Woods Nature Center Development Project Agreement; and July 7, 1999 Michigan Natural Resources Trust Fund TF97-032 — Suarez Woods Parks Expansion. As a condition of this lease, the Landlord affirms its grant obligations and the Tenant agrees to the terms, promises, conditions, and assurances set forth in the terms and conditions of these three agreements. §19. Hold Over. Any hold over after the expiration of the Lease without the consent of the Landlord, shall be construed to be a tenancy from month to month. All terms and conditions of dus Lease shall apply to such tenancy. §20. Notices. All notices, requests, demands, and other conunurrications required by thus Lease shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: To Landlord: City Clerk City of Madison Heights 300 West Thirteen Mile Road Madison Heights, Michigan 48071 To Tenant: Park and Recreation Commission Executive Director 2800 Watkins Lake Road Building#97 West Waterford, MI 48328 With a copy to: Property Management Specialist Oakland County Department of Facilities Management 1 Public Work Drive Waterford, MI 48328 §21. Headings. The Section headings used throughout this Lease are provided for reader convenience only and shall not be controlling in the interpretation of tins Lease. §22. Invalid Provision. The invalidity or unenforcability of any sections or subsections of thus Lease shall not affect the validity or enforceability of the remainder of thus Lease or the remainder of any sections or subsections. This Lease shall be construed in all respects as if any invalid or unenforceable sections or subsections were onutted. §23. Governing Law and Venue. This Lease shall be construed in accordance with, and subject to, the laws of the State of Michigan. To the extent provided by law or court rule, any action at law, suit in equity, or other judicial proceeding for the enforcement of this Lease or any provision thereof shall only be instituted in the Oakland County Circuit Court, a District Court located in Oakland County, or the United States District Court for the Eastern District of Michigan, depending on the nature of the action, suit, or other proceeding. 01-04-22--Lease AgreemenLdoe Page 7 or I I §24. Amendment. This Lease may not be changed, modified, amended, or altered, except by an agreement in writing, signed by both Parties. §25. Succession. This Lease is binding upon the Parties and shall be binding upon their successive heirs, representatives, administrators, successors, subcontractors, and assigns. §26. Force Maieure. Each Party shall be excused from any obligations under this Lease during the time and to the extent that a Party is prevented fi•om performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government, fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. §27. Discrimination. Neither Party shall discriminate against an employee, an applicant for employment, or another person or entity with respect to hire, tenure, terms, conditions, privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state, or local law. §28. No hnnlied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or remedy under this Lease shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Lease. No waiver of any term, condition, or provision of this Lease, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of the Lease. No waiver by either Party shall subsequently effect its right to require strict performance of this Lease. §29. Remedies Not Exclusive. The rights, remedies, and benefits provided by this Lease shall be cumulative, and shall not be exclusive of any other rights, remedies, and benefits, or of any other rights, remedies, and benefits allowed by law. §30. Countemarts. This Lease may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. §31. Memorandum. The Parties to this Lease shall execute a Memorandum of Lease, which Tenant shall record, at its cost, at the Oakland County Register of Deeds, §32. Entire Aereement. This Lease constitutes the entire understanding between the Parties and supersedes all prior offers, negotiations, and agreements between the Parties relative to the subject matter addressed herein. The Parties represent that there are no understandings, representations, or promises of any kind, oral or written, that have been made by either Party to induce the execution of this Lease, except those expressly set forth in writing in this Lease. 0 1 -04-22—Lease Agreemenl.doc Page 8 of I I IN WITNESS WIIERE OF, executes this Lease on behalf of the CITY OF MADISON HEIGHTS, a Michigan Constitutional and Municipal Corporation, and hereby accepts and binds the CITY OF MADISON HEIGHTS to the terms and conditions of this Lease on [W._► 301 6 By: 10 fin Subscribed and sworn to before me on the 10 1" day of J611q(Vy 20, Notary Public, �J (h tt c um b Oak lah8 County, Michigan My Commission Expires: Acting in the County Oakland IN WITNESS WHEREOF, executes thus Lease on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this Lease on TENANT: COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation Subscribed and sworn to before me on the day of 20 Notary Public Oakland County, Michigan My Commission Expires: Acting in the County of Oakland 01-04-22—lease Agreement.doe Page 9 of I I i tV o - The Land consists of the following described real property along with the building, improvements and trails located thereon: Part of Northeast 1/4 Section 12, TIN, RI IE, City of Madison Heights, Oakland County, Michigan described as: Begimung at a point distant N 82-27-00 W 1,726.70-ft. from the Northeast Section corner; thence S 00-39-09 W 760.48-ft.;thence S 00-38-42 W 2,072.03-ft„thence N 88-24-09 W 714.12-ft., thence N 00-47-21 E 1,487,22-ft., thence N 89-58-31 E 179.93-ft., thence N 00-50-22 W 59.99-ft., thence N 89-44-20 E 150.06-ft., thence N 00-41-51 E 460.05-ft., thence N 00-46-49 E 340.08-ft., thence S 89-52-38 W 158.10-ft., thence N 35-47-00 E 219.53-ft., thence S 37-12-32 E 41.64-ft., thence N 51-37-30 E 26539-ft., thence N 31-23-30 E 194,14-ft., thence S 82-27-00 E 80.29- ft., to point of beginning. Also, the West 104 of the following described parcel: beginning at a point distant N 88-39-00 W 1,001.53-ft. from the East '/4 comer, thence N 88-39-00 W 668-ft., thence N 00-14-00 E 650.61-ft., thence S 88-39-00 E 6704, thence S 01-14-00 W 650.61-ft. to beginning. Also, begiruiing at a point distant N 82-27-00 W 1,726.70-ft. and S 00-38-00 W 1,370.44-ft & W 710.65-ft, & N 00-45-00 E 45.41-ft, & E 180-ft. & N 00-45-00 E 60-ft, from the northeast comer, thence N 00-45-00 E 204, thence West 1804, thence N 00-45-00 E 40-ft., thence East 3304, thence S 00-45-00 W 604, thence West 150-11. to beginning. Containing 35.88-acres more or less. Parcel Number: 25-12-254-048. Lot 166 of Killoran Heights Sub., part of Section 12, TIN, R11E, City of Madison Heights, Oakland County, Michigan. Also pail of vacated alley adjacent to same, Also pail of the Northeast %4 of section described as Beginning at a point distant S 82-27-00 E 30912- ft & S 00-43-39 W 60.43-ft. & S 82-27-00 E 488.83-ft.from N A corner of section, thence S 82-27-00 E 110.42-ft., thence S 31-28-00 W 128.50-ft., thence S 52-18-48 W 99.21-ft., thence along a curve to left, Radius 190-ft., chord bears N 20-16-10 E 51.284, distance of 51.44-ft., thence N 07-39-11 E 137.88-ft to begiraung. Parcel Number: 25-12-203-023. Part of Northeast 1/4 Section 12, TIN, RI IE, City of Madison Heights, Oakland County, Michigan described as: Beginning at a point distant N 82-27-00 W 2,440.03-ft. & S 00-45-00 W 898.84-ft. & N 89-54-44 E 147.0-ft, fiom Northeast section corner, thence N 89-54-44 E 72-ft., thence S 00-45-00 W 10033-ft., thence S 89-58-57 W 72-11, thence N 00-45-00 E 100.24-ft. to beginning. Also beginning at a point distant N 82-27-00 W 2,440,03-ft. & S 00-45-00 W 898.84-ft. & N 89-54- 44 E 219-11, from the Northeast Section corner, thence N 89-54-44 E 110.18-ft., thence S 01-05-56 W 100.47-ft., thence S 89-58-57 W 109.564, thence N 00-45-00 E 10033-ft, to beginning. 01-04-22--Lease Agreement.doc Page io of it Also at a point distant N 82-27-00 W 2,440.03-ft. & S 00-45-00 W 998.89-ft. from the Northeast Section coiner, thence East 330.0-ft., thence S 00-45-00 W 200-ft., thence W 330.0-ft., thence N 00- 45-00 E 200-8.to beginning. Containing 1.93-ac. Parcel Number: 25-12-254-047. 01-04-22—Lease Agreement doc Page I I of I I