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HomeMy WebLinkAboutResolutions - 2025.02.11 - 41877OAKLANDF COU NTY MICHIGAN BOARD OF COMMISSIONERS AGENDA ITEM: Amendment to the Interlocal Partnership Agreement with the City of Southfield DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Tuesday, February 11, 2025 6:00 PM - Click to View Aqenda Resolution #2025-4880 Motion to approve Amendment #1 to the Interlocal Partnership Agreement for Park Operation Between the County of Oakland and the City of Southfield, further, authorize the Chairperson of the Oakland County Board of Commissioners to execute the amended agreement on behalf of Oakland ITEM CATEGORY 0 SPONSORED B INTRODUCTION AND BACKGROUND The Southfield Oaks Interlocal Partnership Agreement was executed on November 29, 2023. Subsequent review of the City of Southfield's plans for park improvements at Beech Woods Park revealed that the planned park improvements encroached on the 39-acre footprint of Southfield Oaks as described in the Interlocal Partnership Agreement. The Parks Commission reviewed the Beech Woods site plan on September 4. 2024 and approved the following motion: Move to approve the City of Southfield Beechwoods Site Plan and authorize staff to recommend alternative tree and plant species to plan for continuity and conformity with OCP's current planning and design work for Southfield Oaks Nature Preserve: and move to approve authorizing staff to amend the City of Southfield Interlocal Agreement with updated boundaries for the property to be managed by Oakland County Parks and take that amendment to the Board of Commissioners for approval. The attached Amendment to Southfield Oaks Interlocal Partnership Agreement provides the updated survey that reduces the Southfield Oaks footprint to 38.144 acres. On January 8, 2025, the Parks Commission approved Amendment #1 to the Interlocal Partnership Agreement for Park Operation Between the County of Oakland and the City of Southfield. This is a request to approve an amendment to the agreement between the County of Oakland and the City of Southfield. The amendment consists of reducing the Southfield Oaks footprint to 38.144 acres from 39 acres. There is no financial impact with this request. BUDGET AMENDMENT REQUIRED: No Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb d( oakpov.com or the department contact persons listed for additional information. Melissa Prowse, Manager - Parks & Recreation Planning & Development Aaron Snover, Board of Commissioners Created/Initiated - 2/11/2025 AGENDA DEADLINE: 02/24/2025 7:36 PM 1. Amendment to Southfield Interlocal Partnership Agreement COMMITTEE TRACKING -A 2025-02-04 Legislative Affairs & Government Operations - Recommend to Board 2025-02-11 Full Board - Adopt Motioned by: Commissioner Michael Gingell Seconded by: Commissioner Penny Luebs Yes: David Woodward. Michael Spisz. Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor, Robert Smiley (18) No: None (0) Abstain: None (0) Absent: Gwen Markham (1) Passed AMENDMENT #1 TO THE INTERLOCAL PARTNERSHIP AGREEMENT FOR PARK OPERATION BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF SOUTHFIELD The First Amendment to the Interlocal Partnership Agreement for Park Operation is entered into between the County of Oakland, a Constitutional and Municipal Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), by, through, and administered by its statutory agent the Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road, Waterford, Michigan 48328 ("OCPRC") and the City of Southfield, 26000 Evergreen Road, Southfield, Michigan 48076 ("City") (hereinafter "Amendment"). County and the City may also be referred to jointly as "Parties". INTRODUCTION AND PURPOSE OF AGREEMENT. A. The Parties entered into an agreement on November 29, 2023 for OCPRC to operate, manage, plan, and maintain approximately 40 acres of real property located at 22200 Beech Road, Southfield Michigan, known as Beech Woods Park ("Agreement"). B. The Parties desire to amend the boundary of the real property (Premises) that OCPRC will operate and manage pursuant to the Agreement. l . Change of Premises Boundarv. Exhibit A attached to the Agreement is deleted and replaced with Exhibit A attached and incorporated into this Amendment. The new Park and Premises legal description is set forth in Exhibit A as the "38.144 Acre Parcel Description." 2. Terms and Conditions. All other terms and conditions set forth in the Agreement shall remain in full force and effect and shall not be modified or changed by this Amendment, except as otherwise expressly provided for in this Amendment. 3. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original agreement, but all of which together shall constitute one Agreement. Copies (photo, fax, or electronic) of signatures to this Amendment will be deemed originals and may be relied on to the same extent as originals. 4. Entire Agreement. The Agreement and this Amendment represent the entire agreement and understanding between the Parties regarding the maintenance, operation, and management of the Park and the Premises. The Agreement and this Amendment supersede all other oral or written agreements between the Parties regarding that subject matter. The language of the Agreement and this Amendment shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 1N WITNESS WHEREOF, i��''�zr` '�` vhas been authorized by a resolution of the City, to execute this Agreement. V " EXECUTED: • trl�ll_ DATE:7)Q C, i l, a D a Page 1 of 2 Amendment # 1 Southfield Oaks Interlocal Partnership Agreement WITNESSED: DATE: IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, has been authorized by a resolution of the Oakland County Board of Commissioners to execute this Agreement. EXECUTED: David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: EXECUTED: Y1'1_'I7�� Ebony Bagley, airperson Oakland County Pars and Recreation Commission WITNESSED: DATE: DATE: DATE: 1/8/2025 DATE: 1/8/2025 Page 2 of 2 Amendment # 1 Southfield Oaks Interlocal Partnership Agreement EXHIBIT A T' NORTHWEST CORNER SECTION 32 T-1N, R-10E 0 150' 300' SOUTHFIELD v OAKLAND COUNTY, MICHIGAN L.C.R.C. L.19616, P.085 SCALE: 1'=3W FOUND IRON PARCEL 10 NO. 24-32-151-015 I LOT 67 V I I 22200 BEECH RO, I SDUTHFIELD All 8033 I a I i ONN.R. CITY OF SOUTHFIELD N. S_.�. S84^$g'10 E- I — — - I I SOUIHFlELD AP 8076-4453 In h 41a 15' I I I I ARC-141.86' n RADIUS-414.00' 2 DELTA-19 37 58 LOT 65 —I a l I I CHORD=N15t?0'43'E to �, z l 141.17' _ ct en U 4 PARCEL ID NO. t` S I. FENCE 24-32-151-003 0 N LOT 63 61 m I POST PATRICIA BAKER y� ;� I POST 21920 BEECH RD 1 ^' SOUTHnELD M1 �M1 48033-5910 S PART OF PARCEL ID NO, !ly Y W I 1W 24-32-151-015 LOT 62 I 1 I II FENCE FENCE I POSTFOUND I FOUND I � kPOST INCE N87� 1TE POST 754.17' S8741'57'W 660.00, FENCE I pARGE7- 10 N0 24-32-151-006 POINT OF Ma" •LAMES d LMETAA F" BEGINNING I I i 216,00 BFECH RD .39 ACRE I I 1 SW PfFE10 MI 48033-367/ POUND CELIs.l.t N8741'S7 E„ IRON 33.00 660.00' onD� FOUND a I PIPE z £ z O Nop��l xl I >zo e = PO z - I I S.I. S87J7'57'W s.I. I= Z cr I I 440.00' �LUaJ1)U.-�Yin 3 V) !- UI O i D I o O O o ai II IrL da ICI IZ o_ I� I I �$$�F I I I II CORNER SOUTHWEST SECTION 32 T-1N R-10E g g E5 SB7'41'57'R_- — — -- --I SJS.I).OT61--I LOT 150 AD FENCE POST TVS.I. N . — 0 �1� — r N, h 1y1 LOT159 FOUND N0 MO UM ,N o FA� ;�, I o In ? FOUND 24-� LOT 58 m IRON 200.00' —� — S.I. _ N67 41-07 S02-54'52'E- 30.00' FREDRICK ST.- 60 FT. WD. PUBLIC PART OF PARCEL ID NO. 24-32-151-015 38.144 ACRES N25101'03'W N03191103'W 51.50� LOT 4� Dr 44 :" ARGi1 D NO. � g14-J2-)lid S m r -LOT p A � q m P�.S9Ai A. , LEGEND — EXISTING OAKLANI C OAKLAND COUNTY MICHIGAN X FENCE S.I. SET IRON F.I. FOUND IRON L.C.R.C. � SECTION COR. • FOUND IRON O FOUND PIPE (M) MEASURED L.1961FOUND , ON FOUND IRON O FENCE POST !� FOUND NAIL • FOUND MON. (R) RECORD PART OF PARCEL 24-32-151.015 City of Southfield, Oakland County, MICHIGAN 38.144 ACRE PARCEL E.ezN FA 1 DATE ISSUE DA 010524 I , Id V:tA ld*tR»1 133la. P-,q S;k t•=7?7 QeOw,'sy.11a.?ImAM,n sw wleb ter I PFY 16e1116 pD( })562 ^ "may � I F.- rds V. n EY•: ez { - K 1313 Eft -`me ( ) T-0IN R IDE plow.,firr. below. I Ctq'gMC21116�d.11'Nn'a. In re7ol.Uci s`at to r.,.Y tr.>N,;e Av>cn v.•.gfds.ebYtrcci Call belorc you dig. 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EXHIBIT A TOTAL PARCEL DESCRIPTION PART OF THE WEST 1/2 OF SECTION 32, TOWN 1 NORTH, RANGE 10 EAST, CITY OF SOUTHFIELD, OAKLAND COUNTY, MICHIGAN, DESCRIBED AS: BEGINNING AT A POINT DISTANT NORTH 87 DEGREES 30 MINUTES 08 SECONDS EAST 483.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 87 DEGREES 30 MINUTES 08 SECONDS EAST 87.00 FEET; THENCE SOUTH 02 DEGREES 57 MINUTES 22 SECONDS EAST 425.00 FEET; THENCE SOUTH 39 DEGREES 56 MINUTES 42 SECONDS EAST 213.21 FEET; THENCE NORTH 87 DEGREES 06 MINUTES 38 SECONDS EAST 625.00 FEET; THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST 153B.50 FEET; THENCE SOUTH 87 DEGREES 41 MINUTES 57 SECONDS WEST 200.00 FEET; THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST 500.00 FEET; THENCE NORTH 87 DEGREES 41 MINUTES 57 SECONDS EAST 200.00 FEET; THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST 30.00 FEET; THENCE SOUTH 03 DEGREES 14 MINUTES 40 SECONDS EAST 808.36 FEET; THENCE SOUTH 58 DEGREES 43 MINUTES 57 SECONDS WEST 184.04 FEET; THENCE NORTH 03 DEGREES 01 MINUTES 03 SECONDS WEST 83.71 FEET, MORE OR LESS, TO THE CENTERLINE OF THE ROUGE RIVER; THENCE ALONG SAID CENTERLINE NORTH 25 DEGREES 01 MINUTES 03 SECONDS WEST 51.50 FEET AND SOUTH 86 DEGREES 48 MINUTES 57 SECONDS WEST 35.00 FEET AND SOUTH 03 DEGREES 38 MINUTES 57 SECONDS WEST 126.00 FEET AND SOUTH 30 DEGREES 28 MINUTES 57 SECONDS WEST 90.00 FEET AND SOUTH 78 DEGREES 03 MINUTES 57 SECONDS WEST 132.00 FEET AND SOUTH 58 DEGREES 18 MINUTES 57 SECONDS WEST 125.00 FEET AND SOUTH 58 DEGREES 48 MINUTES 57 SECONDS WEST 181.00 FEET AND SOUTH 62 DEGREES 33 MINUTES 57 SECONDS WEST 220.00 FEET AND NORTH 03 DEGREES 11 MINUTES 03 SECONDS WEST 898.00 FEET AND SOUTH 87 DEGREES 37 MINUTES 57 SECONDS WEST 440.00 FEET TO A POINT ON THE WEST UNE OF SAID SECTION 32; THENCE NORTH 03 DEGREES 11 MINUTES 37 SECONDS WEST 334.66 FEET; THENCE NORTH 87 DEGREES 41 MINUTES 57 SECONDS EAST 660.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST 338.86 FEET; THENCE SOUTH 87 DEGREES 41 MINUTES 57 SECONDS WEST 660.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST 170.42 FEET; THENCE NORTH 87 DEGREES 41 MINUTES 55 SECONDS EAST 265.00 FEET; THENCE NORTH 02 DECREES 58 MINUTES 12 SECONDS WEST 169.55 FEET; THENCE SOUTH 87 DEGREES 41 MINUTES 55 SECONDS WEST 265.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST 1642.13 FEET; THENCE NORTH 87 DEGREES 30 MINUTES 08 SECONDS EAST 483.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST 333.00 FEET TO THE POINT OF BEGINNING. PARCEL ID NO. 24-32-151-015 22200 BEECH RD., SOUTHFIELD MI 48033 38.144 ACRE PARCEL DESCRIPTION A PARCEL OF LAND BEING A PART OF THE WEST 1/2 OF SECTION 32, TOWN 1 NORTH, RANGE 10 EAST, CITY OF SOUTHFIELD, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 32; THENCE NORTH 87 DEGREES 41 MINUTES 57 SECONDS EAST, 660.00 FEET ALONG THE EAST -WEST 1/4 LINE OF SAID SECTION 32; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST, 338.86 FEET; THENCE SOUTH 87 DEGREES 41 MINUTES 57 SECONDS WEST, 660.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST. 100.00 FEET ALONG THE WEST UNE OF SAID SECTION 32; THENCE NORTH 87 DEGREES 38 MINUTES 17 SECONDS EAST, 754.17 FEET; THENCE NORTH 294.00 FEET; THENCE NORTH 23 DEGREES 50 MINUTES 36 SECONDS EAST, 171.78 FEET; THENCE 141.86 FEET ALONG A CURVE TO THE LEFT, RADIUS 414.00, DELTA 19 DEGREES 37 MINUTES 58 SECONDS, CHORD BEARS NORTH 15 DEGREES DO MINUTES 43 SECONDS EAST, 141.17 FEET; THENCE NORTH 03 DEGREES 52 MINUTES 28 SECONDS EAST, 173.52 FEET; THENCE SOUTH 84 DEGREES 58 MINUTES, 10 SECONDS EAST, 415.15 FEET TO A POINT ON THE WEST UNE OF KLETT'S GARDEN ESTATES SUBDIVISION NO. 1, AS RECORDED IN LIBER 59, PAGE 33 OF PLATS, OAKLAND COUNTY RECORDS; THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST, 611.99 FEET ALONG SAID WEST UNE; THENCE SOUTH 87 DEGREES 41 MINUTES 57 SECONDS WEST, 200.00 FEET; THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST, 500.00 FEET; THENCE NORTH 87 DEGREES 41 MINUTES 57 SECONDS EAST, 200.00 FEET TO THE SOUTHWEST CORNER OF LOT 58 OF SAID SUBDIVISION AND THE POINT ALSO BEING THE NORTHWEST CORNER OF FREDRICK STREET (60 FT. WIDE); THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST, 30.00 FEET ALONG THE WEST LINE OF FREDRICK STREET TO A POINT ON THE EAST -WEST 1/4 LINE OF SAID SECTION 32; THENCE SOUTH 03 DEGREES 14 MINUTES 40 SECONDS EAST, 808.36 FEET IN PART ALONG THE WEST UNE OF BRADBURY PARK SUBDIVISION AS RECORDED IN USER 82, PAGE 3 OF PLATS, OAKLAND COUNTY RECORDS; THENCE SOUTH 58 DEGREES 43 MINUTES 57 SECONDS WEST, 184.04 FEET; THENCE NORTH 03 DEGREES 01 MINUTES 03 SECONDS WEST, 83.71 FEET TO A POINT ON THE CENTERLINE OF ROUGE RIVER, MORE OR LESS; THENCE THE FOLLOWING EIGHT (8) COURSES BEING ALONG SAID CENTERUNE; (1) NORTH 25 DEGREES 01 MINUTES 03 SECONDS WEST, 51.50 FEET; AND (2)SOUTH 86 DEGREES 48 MINUTES 57 SECONDS WEST, 35.00 FEET; AND (3) SOUTH 03 DEGREES 38 MINUTES 57 SECONDS WEST, 126.00 FEET; AND (4) SOUTH 30 DEGREES 2B MINUTES 57 SECONDS WEST, 90.00 FEET; AND (5) SOUTH 78 DEGREES 03 MINUTES 57 SECONDS WEST, 132.00 FEET; AND (6) SOUTH 58 DEGREES 18 MINUTES 57 SECONDS WEST, 125.00 FEET; AND (7) SOUTH 58 DEGREES 48 MINUTES 57 SECONDS WEST, 181.00 FEET; AND (8) SOUTH 62 DEGREES 33 MINUTES 57 SECONDS WEST, 220.00 FEET; THENCE NORTH 03 DEGREES 11 MINUTES 03 SECONDS WEST, 898.00 FEET; THENCE SOUTH 87 DEGREES 37 MINUTES 57 SECONDS WEST, 440.00 FEET TO A POINT ON THE WEST LINE OF SECTION 32; THENCE NORTH 03 DEGREES it MINUTES 37 SECONDS WEST, 334.66 FEET TO THE POINT OF BEGINNING AND CONTAINING 38.144 ACRES. PART OF PARCEL ID NO. 24-32-151-015 NO TES: - EASEMENTS SHOWN ON SURVEY ARE RESULT OF TITLE INFORMATION REPORT PREPARED BY ATA NATIONAL TITLE GROUP FILE NO. 63-23899242-SCM. - LEGAL DESCRIPTION WAS PREPARED FROM FIELD MEASUREMENTS, CLIENT PROVIDED DOCUMENTS AND TAX ASSESSOR'S RECORDS. CERTIFICATION 1 HEREBY CERTIFY THAT I HAVE SURVEYED AND MAPPEDT HE LAND HEREON PLOTTED AND DESCRIBED OUR ING DECEMBER OF 2023, AND THAT THE RATIO OF CLOSURE ON THE UNADJUSTED FIELD OBSERVATIONS OF SUCH SURVEY WAS BETTER TRAN 1 IN 5,000, THAT THE BEARINGS FOR THIS SURVEY ARE BASED ON THE MICHIGAN SOUTH STATE PLANE COORDINATE SYSTEM AND THAT THE RELATIVE POSITIONAL PRECISION FOR EACH BOUNDARY CORNER, AND ANY OTHER FIELD LOCATED MONUMENT(S) IS of MSC , V .- �! `, G�j BETTER THAN 0.07 FEET AT THE 95`/a CONFIDENCE LEVEL, AND THAT ALL OF THE REQUIREMENTS OF PA 132. 1970, AS AMENDED, HAVE BEEN COMPLIED MATH. A,P�' C' JOHN JOHN `sll' NI Dgda'ly sgned b/ JoM N Redash. DATEJANUARY 11, 2024 PS * I 1 I REDASH R"sed: October 23, 2024 lk2 CNJS, John N Redash, PS E-,r shgg-rte+sn bsIvcom. O-G6Ws Webster. OU=T-serer, a r- PROFESSIONAL O SURVEYOR ; No. r N Redash. PS' t s. 4001037281 Ds202 2pN D61e 10 25 10 58 30.0400' y JOHN NICHOLAS REDASH, MICHIGAN P.S. NO. 4001037281 PART OF PARCEL 24-32-151-015 City of Southfield, Oakland County, MICHIGAN 38.144 ACRE PARCEL EwM tR _L, Id Veit 76s*a Ralf ura, A giffels' . SA 'XI) (;r LOA , webster PIM,M"14 dr rl 32 PIP )1 y>21142 w >2 L,;-, Sf Fl+r 1(3131R,2.Xm T41N R-IM Kno Nr.belOW. la-•]su;e Ac'Yls rragTeN.eintr.a� Call be loreyou dlg. DATE ISSUE m C I Ch 24 1471N24r1e.sH 39 be P..] cy to sw 2OF2 F$x ICbN 76 CmigY O T124 GF4r IWV.. M nyol.ctol s`al N ­N r1o.1 da tk vMn arwt d G:!dINlsr. DATE ISSUE m C I Ch 24 1471N24r1e.sH 39 be P..] cy to sw 2OF2 F$x ICbN 76 CmigY O T124 GF4r IWV.. M nyol.ctol s`al N ­N r1o.1 da tk vMn arwt d G:!dINlsr. INTERLOCAL PARTNERSHIP AGREEMENT FOR PARK OPERATION BETWEEN THE COUNTY OF OAKLAND AND THE CITY OF SOUTHFIELD This Agreement (tile "Agreement") is made between the County of Oakland, a Constitutional and Municipal Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), by, through, and administered by its statutory agent the Oakland County Parks and Recreation Commission ("OCPRC") and the City of Southfield, 26000 Evergreen Road, Southfield, Michigan 48076 ("City"). County and the City may also be referred to jointly as "Parties". INTRODUCTION AND PURPOSE OF AGREEMENT. A. On September 7, 2022, the City and the County executed a letter of intent expressing a desire to negotiate a mutually acceptable agreement for OCPRC to operate, manage, plan, and maintain approximately 40 acres of real property located at 22200 Beech Road, Southfield Michigan, known as Beech Woods Park. B. To fiend park improvements in areas most disproportionally impacted by the COVID 19 pandemic, OCPRC created the Healthy Communities Park and Outdoor Recreation Investment Plan ("Plan"), which utilizes the Coronavirus Local Fiscal Recovery Fund and OCPRC monies. These finds were leveraged by commitments from local governments with long term operational agreements to facilitate the expansion of the OCPRC Park System to incorporate additional parks, including parks in the City. C. In October 2022, the Oakland County Board of Commissioners appropriated Fifteen Million ($15,000,000) dollars of Coronavirus Local Fiscal Recovery Fund monies, in Miscellaneous Resolution 422-338, to find and support the Plan. D. To effectuate the Plan and the use of Coronavirus Local Fiscal Recovery Fund and OCPRC monies, the County and the City now enter into this Agreement, pursuant to Michigan law, for the purpose of delineating the duties and responsibilities between the Parties with respect to operation, management, planning, and maintenance of approximately 39 acres of real property currently known as a portion of Beech Woods Park located in Southfield, Michigan. The Parties agree to the following terms and conditions: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, addendum, or exhibit approved in accordance with Section 2. 1.2. CaWtal Improvement Proiect means a project that: (1) costs Thirty Thousand ($30,000) dollars or more and (2) extends the life cycle of an existing facility or asset; replaces, renovates, or remodels an existing facility or asset; or adds a new facility or asset. 1.3. City means the City of Southfield, its Council, departments, divisions, elected and appointed officials, board members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. Page I of 14 Southfield Oaks lnterlocal Partnership Agreement 1.4. City Emolovee means any City employee, officer, manager, volunteer, attorney, contractor, subcontractor, and/or any such person's successors or predecessors (whether such persons act or acted in their personal, representative, or official capacities). "City Employee" shall also include any person who was a City Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.5. Claims means any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, 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 incurred by or asserted against a Party, or for which a party 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. 1.6. County means Oakland County, a Municipal and Constitutional Corporation, including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons' successors. 1.7. County Employee means any County employee, officer, manager, volunteer, attorney, contractor, subcontractor, and/or any such person's successors or predecessors (whether such persons act or acted in their personal, representative, or official capacities). "County Employee" shall also include any person who was a County Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.8. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.9. Effective Date. The date all Parties sign the Agreement. 1.10. Exhibits means the following documents, which this Agreement includes and incorporates: 1.10.1. Exhibit A: describes and depicts the Premises. 1.11. Park Access Improvements means the improvements to the City park entrance, access drive, parking lot, and pedestrian walkways to be constructed and maintained by the City as described in Section 4.10.2, which shall include the right of OCPRC and persons using the Park to traverse over and use the Park Access Improvements while the Agreement is in effect. 1.12. OCPRC means the Oakland County Parks and Recreation Commission, as established by resolution of the Oakland County Board of Commissioners pursuant to Public Act 261 of 1965, MCL 46.351, et seq. 1.13. Park means the park operated and managed by OCPRC on the Premises. 1.14. Put -It Fees and Charges means the following fees and charges: (1) equipment/facility rental fees, (2) event program fees, (3) sponsorship of events/programs by third parties, and (4) and all other fees and charges charged and collected by OCPRC associated with the use of the Park. 1.15. Park Revenue means the monies generated from the Park Fees and Charges received by OCPRC and grants, gifts, and donations received by OCPRC or by the City for the Park. 1.16. Premises means the real property that is described and depicted in Exhibit A. By mutual agreement, which shall be codified as an Amendment to this Agreement, the Parties may expand the geographical boundaries of the Premises to include six (6) acres of real property Page 2 of 14 Southfield Oaks Interlocal Partnership Agreement depicted in Exhibit A as the "Driving Range" 1.17. Transition Period means a period of time commencing on the Effective Date and ending on March 31, 2024, or the date the City Council approves the Park Action Plan (as described in Section 4.7), whichever occurs last. 2. AGREEMENT TERM/PROPERTY DESCRIPTION & TERMINATION. 2.1. Agreement Term. 2.1.1. Initial Term. This Agreement shall commence on the Effective Date and end twenty (20) years from the Effective Date ("Initial Term"). 2.1.2. Renewal Term. On the date the Initial Term ends, this Agreement shall automatically renew, without action of either Party, for twenty (20) years ("Renewal Term"). However, if either Party provides written notice to the other Party, at least one hundred eighty (180) clays before the end of the Initial Term, of its desire that the Agreement not renew, then the Agreement shall end on the last day of the Initial Term. 2.1.3. Non -Renewal of Agreement. The non -renewal of this Agreement pursuant to this Section shall not be deemed a termination of this Agreement under Section 2.7. 2.1.4. Continuation of Terms and Conditions. The terms and conditions contained in this Agreement shall not change during the Renewal Term, unless mutually agreed to by the parties in writing. 2.1.5. Annroval of Agreement. The approval and terms of this Agreement and any amendments thereto shall be entered in the official minutes of the governing bodies of each Party. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State. 2.2. ,Agreement Amendments. All amendments or modifications to this Agreement shall be in writing and approved and filed as set forth in Section 2.1. 2.3. Pronerty Subiect to Agreement. The City grants the County use of the Premises for the purposes and according to the terms and conditions set forth herein. 2.4. Use of Premises. On the date the Transition Period ends, OCPRC shall have care, control, and use of the Premises to operate, manage, plan, maintain, and improve the Premises for public recreation activities, as further described and delineated herein, and to provide other recreation activities mutually agreed upon by the Parties. OCRRC shall obtain the City's prior consent, in writing, to use the Premises for any purpose not described herein, such consent shall be given by the City's Representative. 2.5. Fee for Use of Premises. The County shall not pay a monetary fee for the use of the Premises. The Parties acknowledge that the services provided by the County during this Agreement are adequate consideration for this Agreement. 2.6. Designation of Park & Name of Park & Park Facilities. During this Agreement, the Premises shall be designated as "Southfield Oaks County Park." OCPRC may, with consent of the City's Representative, designate a name for major Park amenities and facilities within tine Park. 2.7. Termination/Expiration. 2.7.1. Termination by the Citv. The City may terminate this Agreement, at any time, if Page 3 of 14 Southfield Oaks Interlocal Partnership Agreement OCPRC is notified in writing at least one hundred eighty (180) days prior to the effective date of termination and any one of the following occur: (1) the Premises are no longer being used for the purposes identified in this Agreement; (2) OCPRC provided the City with information at any time during this Agreement that was false or fraudulent; or (3) OCPRC materially fails to perform any of its obligations under this Agreement, and such failure is not cured within ninety (90) calendar days after written notice of default to OCPRC. 2.7.1.1. Termination by the City in Absence of Default/Breach. If the City terminates this Agreement, in the absence of default or breach by OCPRC, then the City shall reimburse OCPRC the amount of the non - depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC, on the date of the termination notice. 2.7.1.2. Termination by the City for Default/Breach. If the City terminates this Agreement for default or breach by OCPRC, then the City does not have to reimburse OCPRC the non -depreciated value of Capital Improvement Projects to the Park paid for by OCPRC. 2.7.2. Termination by OCPRC. OCPRC may terminate this, at any time, if the City is notified in writing at least one hundred eighty (180) days prior to the effective date of termination and any one of the following occur: (1) the Premises are no longer being used for the purposes identified in this Agreement; (2) the City provided OCPRC with information, at any time during the Agreement term, that was false or fraudulent; (3) the City materially fails to perform any of its obligations under this Agreement, and such failure is not cured within ninety (90) calendar days after written notice of default to the City. 2.7.2.1. Termination by OCPRC in Absence of Default/Breach. If OCPRC terminates this Agreement in absence of default or breach by the City, then the City does not have to reimburse OCPRC the non -depreciated value of Capital Improvement Projects to the Park paid for by OCPRC. 2.7.2.2. Termination by OCPRC for Default/Breach. If OCPRC terminates this Agreement for default or breach of the City, then the City shall reimburse OCPRC the amount of the non -depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC, on the date of the termination notice. 2.7.3. Disposition of Personal Propeety Unon Expirationfrermination of Agreement. Upon expiration or termination of this Agreement, for any reason, each Party shall retain ownership of personal property purchased by them, unless the Parties agree in writing otherwise. "Personal property" does not include buildings, fixtures, or Capital Improvements as described in Section 4.4. 2.7.4. Condition of Park Unon ExtAi-ation/Termination of Avreenient. Upon the expiration or termination of this Agreement, OCPRC shall cease all Park management and operation, surrender the Premises to the City, and cooperatively work with the City to transfer Park management and operation. 2.7.5. Pavment for Non-Denrcciated Capital hnprovenient Projects Upon Agreement Expiration. If the Agreement is not renewed at the end of the Initial Page 4 of 14 Southfield Oaks Interlocal Partnership Agreement Term for the Renewal Term, then the City shall reimburse OCPRC the amount of the non -depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC with non-Coronavirus Local Fiscal Recovery Fund monies, on the date the Agreement expires. Upon the expiration of the Renewal Term, the City shall not reimburse OCPRC the amount of the non -depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC. 3. 'TRANSITION PERIOD. 3.1. Transition Period. This Agreement includes a Transition Period. During the Transition Period, the Parties shall work cooperatively to facilitate the transfer of Park management and operations to OCPRC. 3.2. Park Information. 3.2.1. Grants & Endowments. Within thirty (30) days of the Effective Date, the City shall provide OCPRC copies of all grant agreements, endowment agreements, or other agreements that impose restrictions and conditions upon the Premises and its use. 3.2.2 Agreements between the Citv and Third Parties. Within thirty (30) days of the Effective Date, the City shall provide OCPRC copies of all third -party agreements relating to the use, management, or operation of the Premises, if any. OCPRC is not under any obligation to assume any third -party agreements relating to the management or operation of the Premises. 3.3. Rights and Oblieations During the Transition Period. 3.3.1. Park Operation and Maintenance During Transition Period. During the Transition Period, the City shall be responsible to operate and to maintain the Park and to pay for all costs associated therewith. 3.3.2. Countv Right to Access the Premises. During the Transition Period, the County may access the Premises to perform maintenance, restoration, repairs, and improvements to the Premises, mutually agreed to by the Parties in writing. 3.3.3. Premises Ionnections. During the Transition Period, the County shall inspect the infrastructure and conditions of the Park, including but not limited to the condition of utilities and their connections, the parking lot, trees, restrooms, playground equipment, trails and pathways, boat launch, and dock. The inspection shall be codified in a document to illustrate the condition of the Premises at the end of the Transition Period. 3.3.4. Parlc Planning. After the conclusion of the Transition Period, the County shall: (1) assume primary responsibility for Park planning, (2) regularly consult with the City about such planning consistent with the Park Action Plan in Section 4 .7, and (3) organize at least two (2) community forums in the City during the Transition Period to hear suggestions from City residents 3.3.5. Park Progranunhw., During the Transition Period, OCPRC may organize and host mutually agreed upon recreation programs, events, volunteer activities, and other activities. 3.4. Environmental Condition. Page 5 of 14 Southfield Oaks lnterlocal Partnership Agreement 3.4.1. Environmental Assessments. During the Transition Period, OCPRC shall examine the Premises and perform a Phase I Environmental Site Assessment (ESA), Phase lI ESA, and any additional environmental assessments that OCPRC deems necessary, in its sole discretion and at its sole cost. 3.4.2. Conies of Environmental Assessments. Upon request by the City, OCPRC will provide the City with a copy of the Phase I ESA, Phase II ESA, and any other environmental assessments. OCRRC shall take possession of the Premises subject to the Phase 1 ESA, the Phase II ESA, and any other environmental assessments performed pursuant to this Section. 3.5. Termination Related to Environmental Assessments. Notwithstanding any other provision, OCPRC may terminate this Agreement prior to the end of the Transition Period, if OCPRC is not satisfied with the condition of the Premises as evidenced by the Phase I ESA, the Phase II ESA or other environmental assessment performed pursuant to this Section. 4. PARK GOVERANCE & OPERATIONS. 4.1. Agreement Adminish•ation. The City Administrator or their successor or their written designee is the City's Agreement Administrator (hereinafter "the City's Representative"). The OCPRC Director or their successor or their written designee is OCPRC's Agreement Administrator (hereinafter "OCPRC's Representative"). Each Party must notify the other of their written designees. 4.2. Disputes. All disputes arising under or relating to the interpretation, performance, or nonperformance of this Agreement involving or affecting the Parties shall first be submitted to the City Representative and the OCRPC Representative for possible resolution. If the City Representative and the OCPRC Representative cannot resolve the dispute, then the Parties shall submit the dispute to the County attorney and City attorney for resolution. If the attorneys cannot resolve the dispute, then the Parties shall submit the dispute to mediation or arbitration. 4.3. Park Management and Operations. Except as otherwise provided by this Agreement, OCPRC shall manage and operate the Park in a manner consistent with other OCPRC Parks, OCPRC policies, the OCPRC 5-Year Parks and Recreation Master Plan ("OCPRC Master Plan"), and the plans and programs set forth and described herein. The OCPRC Master Plan can be found on the OCPRC website and includes the following core values: (a) Diversity, Equity, and Inclusion, (b) Health and Wellness, (c) Environmental Sustainability and Natural Resource Stewardship, and (d) Fiscal Responsibility and Organizational Excellence. OCPRC shall manage and operate the Park with OCPRC staff, volunteers, and contractors. 4.4. Park Improvement Proieets. OCPRC shall be responsible to provide and perform (either directly or through third parties) improvements for the Park. This responsibility and the costs associated therewith shall be addressed in the plans and programs set forth and described herein. All Capital Improvement Projects shall become an integral part of the Premises and shall be owned by the City, including accounting for depreciation of any Capital Improvement Projects in its financial statements. OCPRC shall provide an annual report on the Capital Lnprovement Projects completed in the Park to the City's Representative. If the construction of any Capital Improvement Projects or other Park Page G of 14 Southfield Oaks Interlocal Partnership Agreement projects requires temporary use of real property outside the boundaries of the Premises, then the City shall permit the temporary use of such real property at no cost to OCPRC. Such temporary use shall be codified by the Parties in a separate written agreement, which shall be approved by OCPRC on behalf of the County and the City's Representative on behalf of the City. The terms of the separate written agreement shall be consistent with this Agreement. 4.5. Park Maintenance/Revairs. OCPRC shall be responsible to provide and perform (either directly or through third parties) maintenance and repairs for the Park. This responsibility and the costs associated therewith shall be addressed in the plans and programs set forth and described herein. 4.6. Park Utilities and Services. OCPRC shall be responsible to provide the utilities and services it deems necessary for the operation of the Park. The provision of and costs for the utilities shall be set forth in the plans and programs set forth and described herein. However, OCPRC shall not authorize or approve any easements or other encumbrances to, on, or across the Park or the Premises unless mutually agreed to by the parties in writing. 4.7. Park Action Plan. By January 15, 2024, OCPRC shall submit a Park Action Plan to the City. The provisions of the Park Action Plan shall reflect the intentions of the City and OCPRC that the Park shall be primarily managed as a nature preserve featuring passive recreational amenities consistent with the surrounding community. OCPRC shall endeavor to incorporate the City's Recreation Master Plan, Beechwoods Park Master Plan, OCPRC's Recreation Master Plan and the community engagement utilized in the development of these plans. The Park Action Plan shall be submitted to the OCPRC for approval prior to submittal to the City's Representative for comments and recommendations. The Park Action Plan shall not be implemented by OCPRC without prior written approval by the City Representative. The City Representative shall submit its comments and recommendations to the OCPRC Representative within thirty (30) Days of receipt of the Park Action Plan. OCPRC Representative shall review and consider the City Representative's comments and recommendations and shall endeavor to address all comments and recommendations. Notwithstanding any other provision, if the City Representative does not approve the Park Action Plan by March 31, 2024, the County may terminate this Agreement. Such termination shall not be deemed a breach or default of the City. Modifications to the Park Action Plan shall be codified according to the procedure set forth in this Section. 4.8. Park Operations and Management Plan. By January 15, 2024, OCPRC shall create a Park Operations and Management Plan ("POMP") addressing Park operations, maintenance staff, support, and services, forecasting Park maintenance projects for a five (5) year period and addressing the use of park maintenance facilities. The POMP shall be created pursuant to OCPRC's current policies and procedures. Once completed, OCPRC shall submit the POMP to the City Representative for comments and recommendations. The City Representative shall submit its comments and recommendations to the OCPRC Representative within thirty (30) Days of receipt of the POMP. OCPRC Representative shall review and consider the City Representative's comments and recommendations and shall endeavor to address all comments and recommendations. The POMP shall not be approved or implemented by OCPRC without prior written approval by the City Representative, which approval shall be in accordance with City policies and procedures. Modifications to the POMP shall be Page 7 of 14 Southfield Oaks Interlocal Partnership Agreement codified according to the procedures set forth in this Section. 4.9. Park Capital Lntwovenient Plan. By January 15, 2024, OCPRC shall create a Park Capital Improvement Plan ("CIP") forecasting Capital Improvement Projects for a five (5) year period. The CIP shall be created pursuant to OCPRC's current policies and procedures and shall be included in OCPRC's annual CIP. Once completed, OCPRC shall submit the CIP, applicable to the Park, to the City Representative for comments and recommendations. The Park Capital Improvement Plan shall not be approved or implemented by OCPRC without prior written approval by the City Representative. The City Representative shall submit its comments and recommendations to the OCPRC Representative within forty-five (45) Days of receipt of the CIP. OCPRC shall review and consider the City Representative's comments and recommendations and shall endeavor to address all comments and recommendations; however, OCPRC is not obligated to incorporate such comments and recommendations into the CIP. After receiving the City Representative's written approval of the CIP, OCPRC shall commence to have the CIP adopted and implemented pursuant to its policies and procedures. Modifications to the CIP shall be codified according to the procedure set forth in this Section. 4.10. Park Acecss/Parking. 4.10.1. OCPRC shall be responsible to determine how Park patrons will access the Park (ingress to and egress from the Park). This responsibility and the costs associated therewith shall be addressed in the plans and programs set forth and described herein. 4.10.2. The City Council and/or City Planning Commission (as required by City Charter or state law), its sole discretion, on or before March 31, 2024, may authorize the construction of the following park improvement projects meant to jointly serve the areas operated and managed by the City and OCPRC: (1) parking lot addition (up to 65 spaces), (2) a four season restroom facility, (3) pedestrian walkways connecting to the OCPRC managed area, and (4) a playground. The City shall be responsible to construct, maintain, repair, and keep operational the Park Access Improvements and maintain vehicular and pedestrian access to and parking for the Park. If conceptual plans and funding for the Park Access Improvements are approved by City Council and/or City Planning Commission (as required by City Charter or state law) on or before March 31, 2024 and if conceptual plans are approved OCPRC on or before March 31. 2024, then OCPRC shall reimburse the City for construction of the Park Access improvements as set forth in Section 5.2. 4.10.3. If City Council and/or City Planning Commission (as required by City Charter or state law) does not approve conceptual plans and ftutding for the Park Access Improvement on or before March 31, 2024 and OCPRC does not approve conceptual plans for the Park Access Improvements on or before March 31, 2024, then: (1) OCPRC's obligation contained in Section 5.2 is eliminated, (2) the City shall have no right for reimbursements pursuant to Section 5.2, and (3) OCPRC may construct a new entrance and parking lot within the Premises and Park with the funds allocated in Section 5.2. 4.10.4. In no event, shall any resident of the City incur any fee or charge for entering the Park or Premises or for parking their vehicle in or on the Park or Premises. Page H of 14 Southfield Oaks Interlocal Partnership Agreement 4.11. Endangered Species. OCPRC acknowledges that the Premises or portions thereof may be subject to restrictions or closures, if endangered species are present. 4.12. Park Security. Security for the Park shall be provided by the City solely at its expense, except for the enforcement of Park Rules. 4.13. Parlc Rules. During this Agreement, the Park and Premises shall be subject to OCPRC Rules and Regulations and OCPRC policies and procedures, except as otherwise provided by this Agreement. 4.14. Signs. OCPRC shall be responsible for and is permitted to erect signs to identify the Park and features/structures located therein and to erect other signs that are typical and/or necessary at a public park of this nature. 4.15. Volunteers. OCPRC will use volunteers at the Park in various capacities, including existing volunteers and volunteer groups. All volunteers providing volunteer service at the Park shall become part of OCPRC's volunteer program. 4.16. SnonsorshiD of Events/Programs at Park by Third Parties. Without approval from the City, OCPRC may solicit or accept sponsorship of events/programs at the Park by third - parties, pursuant to OCPRC's policies and procedures and notice to the City. 4.17. Use of Parlc by Third Parties. Notwithstanding any other provision in this Agreement, OCPPC may license use of the Park to third parties for events or programs, without approval from and notification to the City. OCPRC shall allow such use via written agreement with the third party, pursuant to OCPRC's policies and procedures. To avoid scheduling conflicts at the Park, all third parties desiring to use the Park for events or programs shall schedule such use through OCPRC. Tile written agreement for use of the Park by third parties shall also include the City as an indemnified party and additional insured as well, if insurance is required. 4.18. Use of Parlc by the Citv. The City may use the Park for City -sponsored events or programs at no cost, charge, or fee, if such use does not conflict with scheduled events or programs. To avoid scheduling conflicts at the Park, the City shall reserve use of the Park for its events or programs, through OCPRC. The City shall be responsible for all costs associated with the setup, operation, and cleanup of such events or programs. 5. PARK FINANCES. 5.1. Initial OCPRC Investment. The County shall make an initial investment of, not less than Two Million ($2,000,000) dollars, for Park operations, management, planning, maintenance, and improvements ("Initial Park Investment"). 5.2. Pavment for the Park Access Improvements. OCPRC shall reimburse the City, the lesser of the following: (1) One Million Dollars ($1,000,000.00) or (2) fifty percent (50%) of the actual costs for the construction of the Park Access Improvements ("Park Access Fee").00PRC shall pay fifty percent (50%) of the Park Access Fee within ten (10) Days of approval of the Park Access Improvements (as set forth in Section 4.10) and the remaining fifty percent (50%) shall be paid by OCPRC to the City upon completion of the Park Access Improvements. OCPRC's obligation to pay the Park Access Fee shall terminate: (1) if the Park Access Improvements are not approved (as set forth in Section 4.10) by March 31, 2024, or (2) if construction of the Park Access Improvements is not complete by December 31, 2026. Page 9 of 14 Southfield Oaks Interlocal Partnership Agreement 5.3. City Park Improvement Grant. Pursuant to a separate grant agreement executed by the Parties, the County shall provide a grant of five hundred thousand dollars ($500,000.00) of Coronavirus Local Fiscal Recovery Fund monies to be spent pursuant to such grant agreement. 5.4. Establishment of Park Fees & Charges. OCPRC shall establish all Park Fees and Charges at the Park. The Park Fees and Charges sliall be created, adopted, and implemented pursuant to OCPRC's current policies and procedures. Notwithstanding any other provision in this Agreement, at no time shall City Residents and Oakland County Residents be charged a fee for entry into the Park or the Premises or for parking at the Park or on the Premises. 5.5. Park Revenue. Subject to applicable law, all Park Revenue shall be paid to OCPRC and shall be deemed OCPRC's. OCPRC shall record the monies of all Park Revenue according to generally accepted accounting principles and in a manner similar to how OCPRC records other revenue it collects and receives. 5.6. Annual Accounting and Audits. OCPRC shall provide the City with an annual accounting of Park Revenue consistent with OCPRC's policies and procedures. The City has the right to annually review and audit OCPRC's records related to Park Revenue. 5.7. Park Grants. 5.7.1. Existine Grants. The Parties shall identify and comply with any existing grant obligations and requirements associated with the Park. 5.7.2. Futui-e Grants. The Parties shall use their best efforts to work together to secure grant funding for Park expansion, development, improvements, operation, and maintenance. OCPRC shall be responsible for applying for and managing grants related to the Park. 6. ASSURANCES/LIABILITYANSURANCE. 6.1. Title to Premises. The City warrants that it has fee simple title to the Premises and the authority to enter into this Agreement. The City, at its sole expense, shall defend (including payment of attorney fees) OCPRC against any Claim challenging the City's right to execute this Agreement or OCPRC's use of the Premises as set forth herein. 6.2. Liability for Claims. Except as otherwise provided herein, each Party shall be responsible for any Claims made against that Party by a third -party and for the acts or omissions of its employees, volunteers, officers, or officials arising under or related to this Agreement. 6.3. Liability for Claims Prior to the Agreement Effective Date. The City sliall be solely responsible for and shall defend (including payment of attorney fees) OCPRC against, at the City's sole expense, any Claim that occurred prior to the Effective Date or that was incurred but not reported prior to the Effective Date. 6.4. Liability for Environmental Matters. Notwithstanding any other provision, OCRPC shall not be responsible to perform or pay for remediation or clean-up of any environmental contamination on or around the Premises, which existed on the Premises prior to the Effective Date and/or discovered by the Phase I ESA, Phase II ESA, or any other environmental assessments performed pursuant to this Section 3. 6.5. Legal Representation. Except as provided herein, each Party shall seek its own legal representation and bear the costs associated with such representation, including judgments Page 10 of 14 Southfield Oaks Interlocal Partnership Agreement and attorney fees, for any Claim that may arise from the performance of this Agreement. 6.6. Responsibility for Costs/Fines/Fees. Each Party shall be solely responsible for all costs, fines, and fees associated with any acts or omissions by its employees, volunteers, officers, or officials arising under or related to this Agreement. 6.7. No Indemnification/Reimbtu•sement. Except as otherwise provided for in this Agreement, neither Party shall have any right under this Agreement or under any other legal principle to be indemnified or reimbursed by the other Party or any of its agents in connection with any Claim. 6.8. Goveruntental Function/Reservation of Rieltts. Performance of this Agreement is a governmental function and government service. This Agreement 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. Nothing in this Agreement shall be construed as a waiver of governmental impunity. 6.9. Limitation of Liability. In no event shall either Party be liable to the other Party or any other person, for any consequential, incidental, direct, indirect, special, and punitive or other damages arising out of this Agreement. 6.10. It►surance. 6.10.1. Except for the insurance set forth in Section 6.10.2 and Section 6.10.3, this Agreement does not require either Party to obtain insurance to cover loss exposures associated with this Agreement and the Park. Each Party is solely responsible to determine whether it will obtain insurance, and in what amounts, to cover loss exposures associated with this Agreement and the Park. 6.10.2. If a Party purchases a special event insurance policy for use the Premises, for whatever reason, then the Party shall name the other Party and its boards, commissions, elected and appointed officers/officials, employees, and volunteers as "additional insureds" on such policy. 6.10.3. The City, at its sole cost, shall obtain real property insurance for existing buildings and structures located on the Premises and for any ftrture buildings and structures located on the Premises whether built by the City or OCPRC. If a building or structure that is covered by the City's real property insurance is damaged or destroyed, OCPRC shall repair or replace the building or structure and the City shall reimburse OCPRC for all costs associated with the repair or replacement of such building or structure. OCPRC shall invoice the City for the costs of the repair or replacement and the City shall pay such invoice within thirty (30) calendar Days. 6.11. Waste. OCPRC shall not commit or allow to be committed any waste or nuisance on the Premises and will not use, or allow the Premises to be used, for any unlawful purpose. 6.12. ContDliance with Laws. 6.12.1. OCPRC shall comply with all applicable federal, state, or local laws, regulations, rules, and ordinances related to the operation, management, planning, maintenance, and improvement of the Premises and Park. OCPRC shall obtain any necessary permits regarding its use of the Premises. Page I I of 14 Southfield Oaks htterlocal Partnership Agreement 6.12.2. OCPRC acknowledges that any violations of the federal, state, or local regulations or convictions of any resource violations may be considered a default by OCPRC and the City may terminate this Agreement, as provided herein. 6.12.3. The Parties acknowledge that the Initial Park Investment are monies from the Coronavirus Local Fiscal Recovery Fund allocated to the County pursuant to the American Rescue Plan Act of 2021. The County has determined that the work to be performed with the Initial Park Investment are government services that fit into the loss revenue eligible use category under the Department of Treasury Final Rule implementing the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan of 2021. 31 CFR §35.6(d) (2023). 6.13. Authorization. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 7. GENERAL TERMS AND CONDITIONS. 7.1. No Iuterest in Premises. Through this Agreement, OCPRC shall have no title interest in and/or to the Premises or any portion thereof and has not, does not, and will not claim any such title or any easement over the Premises. 7.2. Delectation or Assieument. Neither Party shall delegate or assign any obligations or rights under this Agreement without the prior written consent of the other Party. For purposes of this Section, consent for the County shall be given by the OCPRC Director or his/her successor and consent for the City shall be given by the City Representative. 7.3. No Emplovee-Emplover Relationship. Nothing in this Agreement shall be construed as creating an employer -employee relationship between County and the City. 7.4. No Third -Party Beneficiaries. Except as provided for the benefit of the Parties, this Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right in favor of any other person or entity. 7.5. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, 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 this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 7.6. Severability. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 7.7. Captious. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall Page 12 of 14 Southfield Oaks Interlocal Partnership Agreement not be interpreted or be considered as part of this Agreement. Any use of the singular or plural, any reference to gender, and any use of the nominative, objective or possessive case in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 7.8. Force Maieurc. Notwithstanding any other term or provision of this Agreement, neither Party shall be liable to the other for any failure of performance hereunder if such failure is due to any cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, floods, fire, explosion, vandalism, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, other labor difficulties, or any law, order, regulation, direction, action, or request of the United States government or of any other government. Reasonable notice shall be given to the affected Party of any such event. 7.9. Notices. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first-class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (i) the date of actual receipt; (ii) the next business day when notice is sent express delivery service or personal delivery; or (iii) three days after mailing certified U.S. mail. 7.9.1. If Notice is sent to County, it shall be addressed and sent to: OCPRC Director, 2800 Watkins Lake Road, Waterford, Michigan 48328 and the Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph Road, Pontiac, Michigan 48341. 7.9.2. If Notice is sent to the City, it shall be addressed and sent to City of Southfield Parks and Recreation Director, with copy to the City Clerk's Office 26000 Evergreen Road, Southfield MI 48076 7.9.3. Either Party may change the individual to whom Notice is sent and/or the mailing address by notifying the other Party in writing of the change. 7.10. Governing Law/Consent To Jurisdiction And Venue. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 7.11. Counternarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original agreement, but all of which together shall constitute one Agreement. Copies (photo, fax, or electronic) of signatures to this Agreement will be deemed originals and may be relied on to the same extent as originals. 7.12. Entire Aereentent. This Agreement represents the entire agreement and understanding between the Parties regarding the maintenance, operation, and management of the Park and the Premises. This Agreement supersede all other oral or written agreements between the Parties regarding that subject matter. The language of this Agreement shall be construed Page 13 of 14 Southfield Oaks lnterlocal Partnership Agreement as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, Kenson 1 Siver, Mayor has been authorized by a resolution of the City, to execute this Agreement. EXECUTED: (�� DATE: EXECUTED_ Allyson Bettis, City Clerk WITNESSED: ( / "/ DATE: // — !y . 7,0Z3 WITNESSED_DATE I/—lyt—�s3 IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, has been authori h a resolution o)IIIe4 land Co ty Board of Commissioners to execute this Agreement. q EXECUT D: DATE:, I r IIo'_ 23 David T. \ w r , C at on Oakland County Boar ofCo nntissioners WITNESSED: (— DATE: EXECUTED: DATE: 11/29/2023 Mary- fMefi I;m,, ay Ch rper"en— J, Da i anderVeen, Acting Chairperson Oakland County Park-sp, lidReec�reat'on Commission WITNESSED: Jo DATE: 11/29/2023 Page W of 14 Southfield Oaks Interlocal Partnership Agreement IL INA 77 It e !er A * Potential Lease Line- a. T Driving Range 39 Acres i t x� Ip — +/- 300' (between - - _ lease line and ex. netting , Ak 39 ACRES PARCEL SKETCH Exhibit "A" S84'58' 10'E 533.33' w N 5 K m p C3 � Z n m 200.o1Y S87'4 V57' W $ N87138'17'F 754.18' u Z S137-41'67W 660.00' oo � N � � N ^' N07'41'57'E 7 200.00' N87-41'57-E A-1l' 1F1 L/NF. S8C 31 IP114COX �` 660-W SEC•, 32 S02'54'52'E 7'I N,R JOE in 30.00, ZM 39 ACRES PARCEL W 440.00' o SB/'37'57'W t° 0 B I S06'48'57'W 35.00' U N25'01'03-W L1.J �� S03'36'57'W /51.50' LM.1J y 4j 126.00' W � •r; o S30'28'57 W 90.00' 2 S58'43'5%'YV 184.04' I pd Ly NO3'01'03'W 71� ,0y1 810'03'5%'W 03.71' �g9 132.00' S58'48'57'W 181.00' LEGEND 0 160 300 cco RUN RIGHT-OF-WAY A PUBLIC LAND CORPILR SCALE: 1" = 300' P03 POINT OF BEGIIRIINC J9 ACRES PARCEL PART OF THE W 1/2 OF SECTION 32 T.1N., R.IOE., MY OF SOUTHFIELD, OAKWID COUNTY, WHIM PARCEL 10/ PT. 11-31-151-015 1 of: I IZ5011 CluOT�1TI'Pl fj� I 015Zoolo OHMIC! v,.o„3o0LPly,„ou ".`oM.'f...[l!n,: 1, 4 1S01.P(7.4!!2,.V`-II � F(«74)5222-6427�\WY4V.OHAFADVISORS.COV1 39 ACRES PARCEL DESCRIPTION Exhibit "A" 39 ACRLS PARCEL (BEARINGS ARE BASED 0N'1'l1E MICNIGAN STATE PLANE COORDINATE SYSTEM NAI)83 (NSRS2011) (MI SPC 2113)) A parcel of land being a parr of the W 1/2 of Section 32, Town I North, Range 10 Easl, City of Southfield, Oakland County, Michigan, more particularly described as follows: Beginning at the W IM corner of said Section 32; thence N 87°4l'57" E 660.00 feet along the E-W 1/4 line of said Section 32; thence N 02*58'12" W 338.86 feet; thence S 87°4 P57" W 660.00 feet; thence N 02158' 12" W 100.00 feet along the West liuc of said Section 32, thence N 87°38' l7" E 754.18 feel; thence North 770.96 feet; thcncc S 84°58' 10" P. 533.33 feet; thence S 02°54'52" E611.99 feet; (hence S 87°4 ['57" W 200.00 feet; thence S 02°54'52" E 500.00 feet; thcncc N 87°41'57" P. 200.00 feet; thence S 02°54'52" E 30.00 feel to n point on the E-W 1/4 line of said Section 32; thence S 03°14'40" 1:808.36 feet; lheuce S 58°43'57" W 184.04 feel; thcncc N 03°01'03" W 83.71 feet to a point on the ceulcrlinc of Rougc River, more or less; thence along Said centcrlioe of River the following tell (10) courses: N 25°01'03" W 51.50 feet, S R6°48'57" W 35.00 feet, S 03138157" W 126.00 feet, S 30°28'57" W 90.00 feel, S 78*03157" W 132.00 feet, S 58n18'57" W 125.00 feet, S 58°48'57" W 181.00 feet and S 62°33'57" W 220.00 feet; lbcncc N 03n11'03" W 898.00 feet; thence S 87137'57" W 440.00 feet t0 a point on the West line of said Section 32; thcncc along Said West litre, N 03° 11'37" W 334.66 feet to the Point of Beginning. Contains 39.0 acres of Innd, more 01 less. Subject to all enwinews and restrictions of recor(l, if any. 39 ACRES PARCEL I K,=>w� r PART OF 711E W 112 OF SECTION 32 ",z" „ TAN., KIM, CfTY Of SOUMFIM), OAHINJD COUMY, MICA) PA%a ID) PT 24--32-151-015 «r .1✓1n',u,.,xjv.rr..rIy.m,..C14x)...OnnS..JvQn.Y'nnT„IIrIn'lr. l2. 0151210010 pHM 34 oulRRoarona,�I�101501Pp34)522.671 Ft/34)522.6427 lWWW.OHM-AOVISORS.COM, EXHIBIT A NORTHWEST CORNER SECTION 32 T-1N, R-10E C 159 300' SOUTHFIELD OAKLAND COUNTY, MICHIGAN L.C.R.C. L.19616, P.085 SCALE: 1'=30U1 FOUND IRON I I I PARCEL 10 NO.24-32-151-015 I LOT 6722200 RD. I I I SOUTHFIELDCA41 48033 — -- - ku II 1OR:CITY OF SOUTHFIELD 511.Ij SB4'1C 1 26000 EtERGREEN i SOUTHFIELD M! 48076 8E_ — .— — I ARC=141.86' Za n RADIUS-414.00' 2 - LOT 65 I —) I 1 DEL TA 17 141. I CHORD=N151?W o I I i 141.' z o z j I I I FENCE 24RJZ-151-003 CEL 10 NO.'� S.I. V 4I 0 o r 63 � h oil POST PATRICIA BAKER yp kn I II FENCED 21920 BEECH RD I I I POST SOUTHFIELD MI S.I. 1 48033-5910 PART OF PARCEL ID NO- "I Y I I + W 24-J2-151-015 or 62 � I g I FENCE FENCE S87'41'57'W g SJ POST _POST p pr 5.11 OT 61 I z FGUND ti` I e� S.I. A.• —1 cItNCE N87 �7-E )ti I LOT`60 gd6 j' POST 754.17 4 FENCE- OI 66D.00' S.I. POST - —?'-'r = — I S. L SB7 41 '57'W p tt 1rr 2 FENCE I To h p� ,\5t'0 I L0I �9 POST 1 �— _I FOUND I I PARLEL 10 NO. 24-J2-151-006 POINT OF Mo1aUM BEGINNING I I 1 ' BRf717A F aves / a Io Na 21690 BEECH RD P -1 `0 r sg c 2 FOUND q4-� 339 ACRE I I i SOuntTlEtD IR 46�J 74 toN� . 200.I2p) _ �-y— F�CEL � D S.A." N8741'57E,. IRON r 33.00 660.00' _FOUND � PIPE LJ �Z L) "0 0P a"1 1 Wow I _ � Zo x m g I S.I. S873757'W S.I. I- p Z i-:5 I U I , 440.00' 3 VII VVJOJ I� I g 0 I � II I� ��opp I CI I 'it C, S.I. — S02'54'52'E- 30.00' FREDRICK ST. 60 FT WD. PUBLIC PART OF PARCEL ID NO, 24-32-151-015 38.144 ACRES �� I ZCt Ion Im I age CA D°�s �z• I I II I II Jp CORNER SOUTHWEST SECTION 32 I I T-1N R-10E 8 — t LOT 3 j LOT 4� Q e _ 5— 4 LOT :�!PAR6i1. 10 WQ j J r 01 6 N4 I LEGEND — EXISTING OAKLA OA WAND COUNTY C MICHIGAN X FENCE S.I. SET IRON F.I. FOUND IRON L.C.R.C. $ SECTION COR. • FOUND IRON O FOUND PIPE (M) MEASURED L.19616, P.089 15l' IR FOUND ON 0 FENCE POST iIF FOUND NAIL • FOUND MON. (R) RECORD PART OF PARCEL 24-32-151.015 City of Southfield, Oakland County, MICHIGAN 38.144 ACRE PARCEL E.ezx e.R OATE �S5VE C -2 010524 I` ?a'Atst PAW, Roa1 U, �.q to 21MS"."13) M'p_l soil 11.3w giffels Sik 120J �v Oes--u LOA • Sw. 1 Of 2 a 1 Ltg1A?A 0 IC N 1667/7q Webster Di)t315b?Jut knm 21 32 I F�msg.�m fw,' 11JIJJ 47:Cd9 T-0IN RtOE IUto—A rs below. C8 ll belore Vo' dlg. I Ca�y-yN0702/OfdttSWpv. fb rt�-ms�ctm s4lhmbe u-.h>:<lnt•eh �. :. q � ets.Hsb:ci �1e-t M VLYvte+arae�t d G'�kNYw•r. EXHIBIT A TOTAL PARCEL DESCRIPTION PART OF THE WEST 1/2 OF SECTION 32, TOWN 1 NORTH, RANGE 10 EAST, CITY OF SOUTHFIELD, OAKLAND COUNTY, MICHIGAN, DESCRIBED AS: BEGINNING AT A POINT DISTANT NORTH 87 DEGREES 3D MINUTES OB SECONDS EAST 483.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 87 DEGREES 30 MINUTES OB SECONDS EAST 87.00 FEET; THENCE SOUTH 02 DEGREES 57 MINUTES 22 SECONDS EAST 425.00 FEET; THENCE SOUTH 39 DEGREES 56 MINUTES 42 SECONDS EAST 213.21 FEET; THENCE NORTH 87 DEGREES 06 MINUTES 38 SECONDS EAST 625.00 FEET; THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST 1538.50 FEET; THENCE SOUTH 87 DEGREES 41 MINUTES 57 SECONDS WEST 200.00 FEET; THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST 500.00 FEET; THENCE NORTH 87 DEGREES 41 MINUTES 57 SECONDS EAST 200.00 FEET; THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST 30.00 FEET; THENCE SOUTH 03 DEGREES 14 MINUTES 40 SECONDS EAST 808.36 FEET; THENCE SOUTH 58 DEGREES 43 MINUTES 57 SECONDS WEST 184.04 FEET; THENCE NORTH 03 DEGREES 01 MINUTES 03 SECONDS WEST 83.71 FEET, MORE OR LESS, TO THE CENTERLINE OF THE ROUGE RIVER; THENCE ALONG SAID CENTERLINE NORTH 25 DEGREES 01 MINUTES 03 SECONDS WEST 51.50 FEET AND SOUTH 86 DEGREES 48 MINUTES 57 SECONDS WEST 35.00 FEET AND SOUTH 03 DEGREES 38 MINUTES 57 SECONDS WEST 126.00 FEET AND SOUTH 30 DEGREES 28 MINUTES 57 SECONDS WEST 90.00 FEET AND SOUTH 78 DEGREES 03 MINUTES 57 SECONDS WEST 132.00 FEET AND SOUTH 58 DEGREES 18 MINUTES 57 SECONDS WEST 125.00 FEET AND SOUTH 58 DEGREES 48 MINUTES 57 SECONDS WEST 181.00 FEET AND SOUTH 62 DEGREES 33 MINUTES 57 SECONDS WEST 220.010 FEET AND NORTH 03 DEGREES 11 MINUTES 03 SECONDS WEST 898.00 FEET AND SOUTH 87 DEGREES 37 MINUTES 57 SECONDS WEST 440.00 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 32; THENCE NORTH 03 DEGREES 11 MINUTES 37 SECONDS WEST 334.66 FEET; THENCE NORTH B7 DEGREES 41 MINUTES 57 SECONDS EAST 660.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST 338.86 FEET; THENCE SOUTH 87 DEGREES 41 MINUTES 57 SECONDS WEST 660.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST 170.42 FEET; THENCE NORTH 87 DEGREES 41 MINUTES 55 SECONDS EAST 265.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST 169.55 FEET; THENCE SOUTH B7 DEGREES 41 MINUTES 55 SECONDS WEST 265.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST 1642.13 FEET; THENCE NORTH 87 DEGREES 3D MINUTES 08 SECONDS EAST 483.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST 333.GO FEET TO THE POINT OF BEGINNING. PARCEL ID NO. 24-32-151-015 22200 BEECH RD.. SOUTHFIELD MI 48033 38.144 ACRE PARCEL DESCRIPTION A PARCEL OF LAND BEING A PART OF THE WEST 1/2 OF SECTION 32. TOWN 1 NORTH, RANGE 10 EAST, CITY OF SOUTHFIELD, OAKLAND COUNTY, MICHIGAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 32; THENCE NORTH 87 DEGREES 41 MINUTES 57 SECONDS EAST, 660.00 FEET ALONG THE EAST -WEST 1/4 LINE OF SAID SECTION 32; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST, 338.86 FEET; THENCE SOUTH 87 DEGREES 41 MINUTES 57 SECONDS WEST, 660.00 FEET; THENCE NORTH 02 DEGREES 58 MINUTES 12 SECONDS WEST, 100.00 FEET ALONG THE WEST LINE OF SAID SECTION 32; THENCE NORTH 87 DEGREES 38 MINUTES 17 SECONDS EAST, 754.17 FEET; THENCE NORTH 294.00 FEET; THENCE NORTH 23 DEGREES 50 MINUTES 36 SECONDS EAST, 171.78 FEET; THENCE 141.86 FEET ALONG A CURVE TO THE LEFT, RADIUS 414.00, DELTA 19 DEGREES 37 MINUTES 58 SECONDS, CHORD BEARS NORTH 15 DEGREES 00 MINUTES 43 SECONDS EAST, 141.17 FEET; THENCE NORTH 03 DEGREES 52 MINUTES 28 SECONDS EAST, 173.52 FEET; THENCE SOUTH 84 DEGREES 58 MINUTES, 10 SECONDS EAST, 415.15 FEET TO A POINT ON THE WEST LINE OF KLETrS GARDEN ESTATES SUBDIVISION NO. 1, AS RECORDED IN LIBER 59, PAGE 33 OF PLATS, OAKLAND COUNTY RECORDS; THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST, 611.99 FEET ALONG SAID WEST LINE; THENCE SOUTH 87 DEGREES 41 MINUTES 57 SECONDS WEST, 200.00 FEET; THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST, 500.00 FEET; THENCE NORTH 87 DEGREES 41 MINUTES 57 SECONDS EAST, 200.00 FEET TO THE SOUTHWEST CORNER OF LOT 58 OF SAID SUBDIVISION AND THE POINT ALSO BEING THE NORTHWEST CORNER OF FREDRICK STREET (60 FT. WIDE); THENCE SOUTH 02 DEGREES 54 MINUTES 52 SECONDS EAST, 30.00 FEET ALONG THE WEST LINE OF FREDRICK STREET TO A POINT ON THE EAST -WEST 1/4 LINE OF SAID SECTION 32; THENCE SOUTH D3 DEGREES 14 MINUTES 40 SECONDS EAST, 808.36 FEET IN PART ALONG THE WEST LINE OF BRADBURY PARK SUBDIVISION AS RECORDED IN LIBER 82, PAGE 3 OF PLATS, OAKLAND COUNTY RECORDS; THENCE SOUTH 58 DEGREES 43 MINUTES 57 SECONDS WEST, 184.04 FEET; THENCE NORTH 03 DEGREES 01 MINUTES 03 SECONDS WEST, 83.71 FEET TO A POINT ON THE CENTERLINE OF ROUGE RIVER, MORE OR LESS; THENCE THE FOLLOWING EIGHT (8) COURSES BEING ALONG SAID CENTERLINE; (1) NORTH 25 DEGREES 01 MINUTES 03 SECONDS WEST, 51.50 FEET; AND (2)SOUTH 86 DEGREES 48 MINUTES 57 SECONDS WEST, 35.00 FEET; AND (3) SOUTH 03 DEGREES 38 MINUTES 57 SECONDS WEST, 126.00 FEET; AND (4) SOUTH 30 DEGREES 28 MINUTES 57 SECONDS WEST, 90.00 FEET; AND (5) SOUTH 78 DEGREES 03 MINUTES 57 SECONDS WEST, 132.00 FEET; AND (6) SOUTH 58 DEGREES 18 MINUTES 57 SECONDS WEST, 125.00 FEET; AND (7) SOUTH 58 DEGREES 48 MINUTES 57 SECONDS WEST, 181.00 FEET; AND (8) SOUTH 62 DEGREES 33 MINUTES 57 SECONDS WEST, 220.00 FEET; THENCE NORTH 03 DEGREES 11 MINUTES 03 SECONDS WEST, 898.00 FEET; THENCE SOUTH 87 DEGREES 37 MINUTES 57 SECONDS WEST, 440.00 FEET TO A POINT ON THE WEST LINE OF SECTION 32; THENCE NORTH 03 DEGREES 11 MINUTES 37 SECONDS WEST, 334.66 FEET TO THE POINT OF BEGINNING AND CONTAINING 38.144 ACRES. PART OF PARCEL ID NO. 24-32-151-015 NO TES: - EASEMENTS SHOWN ON SURVEY ARE RESULT OF TITLE INFORMATION REPORT PREPARED BY ATA NATIONAL TITLE GROUP FILE NO. 63-23899242-SCM. - LEGAL DESCRIPTION WAS PREPARED FROM FIELD MEASUREMENTS, CLIENT PROVIDED DOCUMENTS AND TAX ASSESSOR'S RECORDS. CE'R TIFICA TION I HEREBY CERTIFY THAT I HAVE SURVEYED AND MAPPED THE LAND HEREON PLOTTED AND DESCRIBED DURING DECEMBER OF 2023. AND THAT THE RATIO OF CLOSURE ON THE UNADJUSTED FIELD OBSERVATIONS OF SUCH SURVEY WAS BETTER THAN 1 IN 5,000, THAT THE BEARINGS FOR THIS SURVEY ARE BASED ON THE MICHIGAN SOUTH STATE PLANE COORDINATE SYSTEM AND THAT THE RELATIVE POSITIONAL PRECISION FOR EACH BOUNDARY CORNER, AND ANY OTHER FIELD LOCATED MONUMENT(S) IS BETTER THAN 0.07 FEET AT THE 95% CONFIDENCE LEVEL, AND THAT ALL OF THE REQUIREMENTS 01 PA 132, 1970. AS AMENDED. HAVE BEEN COMPLIED WITH. GATE: JANUARY i i, 2024 PS syned of John N Redash, Revised: October 23, 2024 DN. C=115, John N Redash, PS e0 8gfleh•eeWt onl O-G,fts YWMh ,,OU=Treasurer. Ctl--'John N Redash, PS' Dale 2024102510583004W JOHN NICHOLAS REDASH. MICHIGAN P.S. NO. 4001037281 PART OF PARCEL 24-32-151-015 City of Soulhfie'd, Oakland County, MICHIGAN 2ksldr giffels` L SQLv) ,uwebster E�,;iets 5: rry7l},�ez I(313)�'2`-05) 1E+�>;<N�YL ltla gl'pL.K{5'er241 f-!r. W,s JR JR o ¢ls s LOA , m JR �,e)�fcxJ 32 I4144 R111E Know ww,below. Call before you dig. NICHOLAS 77 *i REDASH !* PROFESSIONAL g SURVEYOR ; ` 4001037281, �SSIDN� 38.144 ACRE PARCEL DATE: ISSUE (In 010524 116777071 Re.xrd 7i baVr<H cy: IN SsN 2012 I Prjed ISff717a Qjpy t0202/Graf; Aet W. Ikngrod.dos s`al N+aSr yreC\I ee pkr aN!!n ttrye-1 (f GSh Ak $1v.