Loading...
HomeMy WebLinkAboutResolutions - 2026.04.30 - 42875 AGENDA ITEM: Pine Lake Park Affiliation Agreement between the County of Oakland and the West Bloomfield Parks and Recreation Commission DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Thursday, April 30, 2026 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2026-6207 Motion to approve the Pine Lake Affiliation Agreement between the County of Oakland and the West Bloomfield Parks and Recreation Commission for a term beginning with the date of execution until June 30, 2043; further, authorize the Chair of the Oakland County Board of Commissioners to execute the agreement; further amend the budget pursuant to the attached Schedule A - Budget Amendment. ITEM CATEGORY SPONSORED BY Interlocal Agreement Brendan Johnson INTRODUCTION AND BACKGROUND PRIOR PARKS COMMISSION ACTION AND CONTEXT On August 7, 2024, the Parks and Recreation Commission approved a Joint Statement of Understanding (SOU) between OCPR and the West Bloomfield Parks and Recreation Commission expressing the mutual intent of the parties to pursue a future agreement for the joint development of Pine Lake Park in West Bloomfield Township. The SOU established the foundational principles for the partnership, including: • Recognition that WBPRC serves as the operator of Pine Lake Park under an existing agreement with the Bloomfield Hills School District • County intent to provide a minimum $1.5 million capital investment toward park improvements, contingent on voter approval of the parks millage • Shared commitment to collaborate on park planning, design, and implementation • Co-branded signage and public recognition of the partnership • Assurance of equitable access for Oakland County residents The SOU was expressly non-binding and contemplated the development of a subsequent formal agreement. The proposed Affiliate Park Agreement represents the next implementation step consistent with the Parks Commission’s prior direction. In addition, Pine Lake Park is currently governed by an executed Cooperative Agreement between the Bloomfield Hills School District and the West Bloomfield Parks and Recreation Commission, which establishes WBPRC as the operator of the property and authorizes park use, capital improvements, and public access consistent with municipal park standards. The proposed Affiliate Park Agreement and associated OCPR capital investment are intended to be fully consistent with, and subordinate to, the terms of this existing Cooperative Agreement, and do not modify ownership, operational authority, or responsibilities established therein. PINE LAKE PARK MASTER PLAN CONTEXT In April 2024, WBPRC completed the Pine Lake Park Master Plan, a long-term vision and phased development strategy for the 21-acre former Pine Lake School property. The plan was informed by public engagement, technical analysis, and cost estimating, and establishes a clear framework for incremental investment over time. Key elements of the Master Plan include: • A phased approach to development to align improvements with available funding • Strong public support for trails, playgrounds, and preservation of natural areas • Identification of an initial implementation phase (2024–2025) focused on: o A nature-based playground located at the edge of the woods o Ecological restoration and meadow areas o Connector paths and basic site amenities The proposed OCPR capital investment is intentionally aligned with this initial phase, allowing the County to fund a high-impact, publicly supported set of improvements without committing to later phases of the Master Plan. AFFILIATE PARTNERSHIP AGREEMENT MODEL The attached “Affiliate Park Agreement” outlines an alternative approach from our recent partnerships that limits our financial obligations to a one-time major capital investment while avoiding costs associated with operation and management of the park. OCPR will gain greater exposure through co-branding and the opportunity to offer limited programs and events onsite. This model is well suited for communities like West Bloomfield Township that have a well-funded local parks department and an extensive parks system maintained at standards similar to OCPR. AGREEMENT TERMS OCPRC provides a one-time $1.5 million payment to WBPRC to complete portions of their phase I and phase II plan to improve the park. • 50% is payable upfront and the remaining amount is paid when phase I and phase II are completed • OCPRC’s brand shall be prominently incorporated into the park’s entry sign and our partnership acknowledged in applicable digital platforms, grant materials, and public communications related to the County-funded improvements • OCPRC retains the right to priority access to schedule County sponsored programs and events at the park • WBPRC retains the responsibility and costs associated with operating and maintaining the park • The term of the agreement is concurrent with the agreement between WBPRC and the Bloomfield Hills School District to operate and manage the park RECOMMENDATION West Bloomfield Township is the fifth most populated community in Oakland County and the third largest contributor of property tax revenues that support OPCR. The WB Parks Department enjoys a very strong reputation for excellent programming and operating well-maintained popular parks beloved by local residents. This partnership presents an opportunity for OCPR to: • Demonstrate a visible return on investment for taxpayers who have long supported the County park system • Increase system visibility in a major population center • Add public value to an existing multi-agency partnership • Deepen a productive working relationship with a high-performing local parks agency POLICY ANALYSIS On May 25, 2023, the West Bloomfield Parks and Recreation Commission (WBPRC) approved a Cooperative Agreement with Bloomfield Hills Schools (“Cooperative Agreement”), under which WBPRC assumed responsibility for the operation and management of the property located at 3333 West Long Lake Road, West Bloomfield, Michigan (formerly the Pine Lake Elementary School site). This request is to approve a 17-year Affiliation Agreement between the County of Oakland and WBPRC for the development of the Pine Lake property. The proposed 17-year term aligns with the expiration of the existing agreement between WBPRC and Bloomfield Hills Schools, which governs the use and operation of the property. Per Exhibit C of the proposed agreement (attached), the project involves the phased redevelopment of the approximately 21-acre site into a public park over four phases. The agreement further provides that WBPRC will permit Oakland County Parks to utilize the park for County-sponsored programs and events, subject to WBPRC rules and prior approval. Oakland County Parks will be responsible for all costs associated with the setup, operation, and cleanup of any approved events. The agreement also indicates that WBPRC has obtained prior consent from Bloomfield Hills Schools to enter into this affiliation. The total estimated project cost is $6.4 million. WBPRC is expected to contribute approximately $4.9–$5.0 million toward capital development and will retain full responsibility for ongoing operations, maintenance, utilities, and staffing. The County’s financial commitment is limited to a $1.5 million capital contribution toward defined project elements, as detailed in Exhibit C. WBPRC will also be responsible for installation of signage recognizing the County as a project partner. The park will be open to the public without an entry or parking fee, although fees may be charged for specific programs or events. Advantages to the County • Expands Oakland County Parks' geographic presence and access to residents without assuming long-term operational responsibilities • Provides opportunities to deliver County-sponsored programs and events in an area with identified demand • Supports a more coordinated and connected countywide parks system • Advances the objectives of Mission 26 by addressing service gaps within a system that has developed over more than 60 years NOTE: The Oakland County Parks and Recreation Commission unanimously approved this proposal at its January 7, 2026 meeting. Financial Impact The total County contribution under this agreement is $1.5 million. An initial payment of 50% ($750,000) is due upon approval of the agreement, with the remaining 50% to be disbursed upon completion of defined project phases. FISCAL IMPACT: Budget Amendment Attached Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Simon Rivers ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 4/30/2026 AGENDA DEADLINE: 04/30/2026 6:00 PM ATTACHMENTS 1. SCHEDULE A - Budget Amendment 2. Pine Lake Park Affiliation Agreement (Final Version 04-02-26) with exhibits v2 COMMITTEE TRACKING 2026-04-21 Legislative Affairs & Government Operations - Forward to Finance 2026-04-23 Finance - Recommend to Board 2026-04-30 Full Board - Adopt Motioned by: Commissioner Penny Luebs Seconded by: Commissioner Philip Weipert Yes: Charles Cavell, Ann Erickson Gault, Marcia Gershenson, Robert Hoffman, Brendan Johnson, Karen Joliat, Christine Long, Penny Luebs, Gwen Markham, William Miller III, Kristen Nelson, Angela Powell, Robert Smiley, Michael Spisz, Linnie Taylor, Philip Weipert, David Woodward (17) No: None (0) Abstain: None (0) Absent: Michael Gingell, Yolanda Smith Charles (2) Passed Oakland County, Michigan Parks & Recreation - Pine Lake Park Affiliation Agreement between the County of Oakland and the West Bloomfield Parks and Recreation Commission Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND) Cost Center (CCN) # Account # (RC/SC) Program # (PRG) Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2026 Amendment FY 2027 Amendment FY 2028 Amendment E Parks and Recreation PR Planned Use of Balance FND50800 CCN5060666 SC796500 PRG160666 796500 Budgeted Equity Adjustments $(750,000)$(750,000)$- E Parks and Recreation PR Administrative Services FND50800 CCN5060101 SC762011 PRG160000 762011 Transfer to Municipalities $750,000 $750,000 $- Total Expenses $-$-$- Page 1 of 9 PINE LAKE PARK - AFFILIATION AGREEMENT (FINAL VERSION 04-02-26) PINE LAKE PARK AFFILIATION AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE WEST BLOOMFIELD PARKS AND RECREATION COMMISSION This Agreement (the "Agreement") is made between the County of Oakland, a Constitutional and Municipal Corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), by, through, and administered by its statutory agent the Oakland County Parks and Recreation Commission (“OCPRC”), and the Charter Township of West Bloomfield Parks and Recreation Commission, a Michigan municipal corporation, whose address is at 4640 Walnut Lake Road, West Bloomfield Township, Michigan 48323 (“WBPRC”). County and the WBPRC may also be referred to singularly as a ”Party” and jointly as "Parties". INTRODUCTION AND PURPOSE OF AGREEMENT. A. OCPRC is authorized under Public Act 261 of 1965, MCL 46.351, et seq., to plan, develop, preserve, administer, maintain, and operate park and recreational places and facilities in Oakland County, Michigan. B. Through a Cooperative Agreement entered into by and between WBPRC and Bloomfield Hills Schools, dated May 25, 2023, and a First Amendment To Cooperative Agreement, dated February 26, 2025, which Cooperative Agreement may further be amended by the parties to the Cooperative Agreement (collectively the “Cooperative Agreement”), WBPRC has undertaken certain obligations and duties to operate and manage the Park (as defined below) located at 3333 West Long Lake Road, West Bloomfield, Michigan 48323 (formerly the “Pine Lake Elementary School site”). C. The Parties desire to create an affiliation agreement to facilitate OCPRC’s investment in the Park (as defined below) and for OCRPC’s use of the Park. For the consideration set forth herein, 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. Capital Improvement Project means a project that: (1) costs thirty thousand dollars ($30,000.00) 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. Claims means any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, injuries, 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. Page 2 of 9 PINE LAKE PARK - AFFILIATION AGREEMENT (FINAL VERSION 04-02-26) 1.4. 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, including OCPRC. 1.5. 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. 1.6. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.7. Effective Date means the date of the signature of the last Party to sign this Agreement. 1.8. Exhibits means the following documents, which this Agreement includes and incorporates: 1.8.1. Exhibit A: describes and depicts the Park 1.8.2. Exhibit B: Cooperative Agreement 1.8.3. Exhibit C: Project Description 1.9. 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. 1.10. Park means the real property located at 3333 West Long Lake Road, West Bloomfield, Michigan 48323 (with a parcel ID# 18-14-251-031) formerly known as the Pine Lake Elementary School site and now known as Pine Lake Park and operated and managed WBPRC. This real property is described and depicted in Exhibit A. 1.11. Park Fees and Charges mean 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 a Party associated with the use of the Park. 1.12. West Bloomfield Parks and Recreation Commission (“WBPRC”) means West Bloomfield Parks and Recreation Commission and its, departments, divisions, elected and appointed officials, commissioners, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons’ successors. 1.13. West Bloomfield Parks and Recreation Commission (“WBPRC”) Employee means any WBPRC 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). "WBPRC Employee" shall also include any person who was a WBPRC Employee at any time during the Term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. 2.AGREEMENT TERM/ REAL PROPERTY DESCRIPTION & TERMINATION. 2.1. Term. This Agreement shall commence on the Effective Date and end June 30, 2043, unless the Cooperative Agreement is terminated prior to June 30, 2043, and in such case this Agreement shall terminate on the date the Cooperative Agreement terminates (the “Term”). Page 3 of 9 PINE LAKE PARK - AFFILIATION AGREEMENT (FINAL VERSION 04-02-26) The approval and terms and conditions of this Agreement and any amendments shall be entered in the official minutes of the governing bodies of each Party. Any amendment to this Agreement must be approved in writing and in advance by Bloomfield Hills Schools. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State and provided to Bloomfield Hills Schools. 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. Real Property Subject to Agreement. WBPRC grants to the County use of the Park for the purposes and according to the terms and conditions set forth herein and only as permitted under the terms and conditions of the Cooperative Agreement. 2.4. Fee for Use of the Park. OCPRC shall not pay a monetary fee for the use of the Park. 2.5. Termination/Expiration. 2.5.1. Termination by WBPRC. WBPRC may terminate this Agreement upon one hundred eighty (180) days written notice to the OCPRC Representative, if one of the following occur: (1) the Park is no longer being used for the purposes identified in this Agreement; or (2) OCPRC is in default or breach of any of its obligations under this Agreement, and such default/breach is not cured within one hundred and eighty (180) days after written notice to OCPRC; such default/breach shall be clearly stated in the written notice. 2.5.1.1. Termination by WBPRC in Absence of Default/Breach. If WBPRC terminates this Agreement, in absence of default or breach by OCPRC, or in the absence of termination by Bloomfield Hills Schools of the Cooperative Agreement described in Section 3.2 below, then WBPRC 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. The depreciation values shall be determined by generally accepted accounting principles. 2.5.1.2. Termination by WBPRC for Default/Breach. If WBPRC terminates this Agreement for default or breach by OCPRC, then WBPRC does not have to reimburse OCPRC the non-depreciated value of Capital Improvement Projects to the Park paid for by OCPRC. 2.5.1.3. Termination by WBPRC Due to Termination of Cooperative Agreement. In the event of termination by Bloomfield Hills Schools of the Cooperative Agreement described in Section 3.2 below, or under the terms of the Cooperative Agreement, through no fault of WBPRC, then WBPRC does not have to reimburse OCPRC the non-depreciated value of Capital Improvement Projects to the Park paid for by OCPRC. 2.5.2. Termination by OCPRC. OCPRC may terminate this Agreement, if WBPRC 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 Park is no longer being used for the purposes identified in this Agreement; or (2) WBPRC is in default/breach of any of its obligations under this Agreement, and such default/breach is not cured within one hundred eighty (180) days after written notice to WBPRC; such default/breach shall be clearly stated in the written notice. Page 4 of 9 PINE LAKE PARK - AFFILIATION AGREEMENT (FINAL VERSION 04-02-26) 2.5.2.1. Termination by OCPRC for Default/Breach. If OCPRC terminates this Agreement under this Section, then WBPRC shall reimburse OCPRC the amount of the non-depreciated value of Capital Improvement Projects to the Park, paid for by OCPRC, before the date of the termination notice. 2.5.3. Disposition of Personal Property Upon Expiration/Termination 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 otherwise agree in writing. “Personal property” does not include buildings, landscaping, plantings, fixtures or Capital Improvements, as defined herein. 3. PARK GOVERNANCE & MANAGEMENT/OPERATIONS. 3.1. Agreement Administration. WBPRC Executive Director or their written designee is the WBPRC Agreement Administrator (hereinafter “WBPRC Representative”). The OCPRC Director or their successor or their written designee is OCPRC’s Agreement Administrator (hereinafter “OCPRC Representative”). Each Party must notify the other of their written designees. 3.2. Cooperative Agreement. The Parties acknowledge the existence of the Cooperative Agreement, attached as Exhibit B, and that OCPRC’s use, management, operation, and maintenance of the Park shall comply with all of the terms and conditions of the Cooperative Agreement; provided that OCPRC shall not be obligated to implement, construct, or pay for any portion of the Pine Lake Park Master Plan dated October 2024 or any amendments thereto. Such obligations shall be the sole responsibility of WBPRC, unless agreed to in writing by the OCPRC Representative and the WBPRC Representative. WBPRC certifies that it has received prior consent from the Bloomfield Hills Schools, pursuant to Section 16 of the Cooperative Agreement, to enter into this Agreement. Notwithstanding the foregoing, nothing in this Agreement is intended to change or modify any obligations or requirements relative to the use, management, operation, and maintenance of the Park as detailed in the Cooperative Agreement. In the event of a conflict, the Cooperative Agreement shall take precedence over this Agreement or any amendment thereto. 3.3. 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 WBPRC Representative and the OCRPC Representative for possible resolution. If the WBPRC Representative and the OCPRC Representative cannot resolve the dispute, then the dispute shall be submitted to the signatories (or their successors) of this Agreement for possible resolution. 3.4. Park Management and Operations. Unless otherwise agreed in writing by the WBPRC Representative and the OCPRC Representative, WBPRC shall manage, and operate the Park in a manner consistent with other WBPRC Parks, WBPRC policies, WBPRC Master Plan, this Agreement, the Cooperative Agreement and local, state, and federal laws. 3.5. Park Capital Improvement Projects. The OCPRC Representative and the WBPRC Representative may agree, in writing, to construct Capital Improvement Projects at the Park in the future. The description and financing of such Capital Improvement Projects shall be contained in a Project Description similar to Exhibit C. The Project Description shall set forth who shall construct the Capital Improvement Project and who will pay the costs associated therewith. All Capital Improvement Projects constructed for the Park shall become an integral part of the Park and shall remain a part of the real property of the Page 5 of 9 PINE LAKE PARK - AFFILIATION AGREEMENT (FINAL VERSION 04-02-26) Park, except as otherwise provided in the Cooperative Agreement. 3.6. Park Maintenance/Repairs/Services. Unless otherwise agreed to in writing by the WBPRC Representative and the OCPRC Representative, WBPRC has the sole responsibility to provide and pay for all maintenance and repairs for the Park and for all services needed to manage and operate the Park, including, but not limited to the Capital Improvements and other improvements constructed hereunder or in the Cooperative Agreement. 3.7. Park Utilities. WBPRC shall be solely responsible for the provision of and costs for utilities for the Park. 3.8. Park Access/Parking. WBPRC shall be responsible to determine how Park patrons will access the Park. This responsibility and the costs associated therewith shall be borne by WBPRC. 3.9. Park Security. WBPRC, at its sole expense, shall provide security for the Park. 3.10. Signage/Recognition/Branding. WBPRC shall, at its sole cost, install and maintain permanent on-site signage acknowledging OCPRC as a partner in the Park. Such recognition shall include OCPRC’s name and logo in a format and location approved in writing by the OCPRC Representative and Bloomfield Hills Schools, which approval shall not be unreasonably withheld. OCPRC shall be acknowledged as a partner in digital platforms and public communications related to this Agreement. OCPRC may include the Park in OCPRC maps, digital platforms, and promotional materials. 3.11. Use of the Park by OCPRC. OCPRC may use the Park for OCPRC-sponsored events or programs with written approval from WBPRC subject to WBPRC Rules. Notwithstanding the foregoing, the priority scheduling requirements contain in the Cooperative Agreement shall take precedence over OCPRC’s use. To avoid scheduling conflicts at the Park, OCPRC shall reserve use of the Park for its events or programs, through the WBPRC. The Parties shall meet each calendar year prior to March 31 to identify and reserve dates that OCPRC will use the Park for OCPRC-sponsored events or programs for that calendar year. OCPRC shall be responsible for all costs associated with the setup, operation, and cleanup of such approved events or programs. Except for costs associated with normal wear and tear, OCPRC shall be responsible for costs associated with damage to the Park caused by OCPRC’s use of the Park during an OCPRC- sponsored event or program. 3.12. Sponsorship of Events/Programs at the Park by Third Parties. OCPRC may solicit and accept sponsorships, including sponsorships fees, from third-parties, for OCPRC events/programs at the Park, pursuant to the OCPRC’s policies and procedures, subject to written approval of WBPRC, not to be unreasonably withheld. 4. PARK FINANCES. 4.1. OCPRC Project Investment. OCPRC shall pay WBPRC one million five hundred thousand dollars ($1,500,000) (“Project Funds”) for the Project described in Exhibit C. The Project Funds shall be paid according to Exhibit C. 4.2. Park Fees & Charges. Park patrons shall not be charged an entry fee for use of the Park or a parking fee. This does not include fees for programs or events. 4.3. Park Grants. The Parties shall use their best efforts to work together to secure grant funding for expansion, development, improvements, operation, and maintenance for Page 6 of 9 PINE LAKE PARK - AFFILIATION AGREEMENT (FINAL VERSION 04-02-26) the Park. OCPRC and WBPRC shall work together to apply for and manage grants related to the Park. 5. ASSURANCES/LIABILITY/INSURANCE. 5.1. Authority. WBPRC warrants that it has the authority to enter into this Agreement. WBPRC, at its sole expense, shall defend (including payment of attorney fees) OCPRC against any Claim challenging WBPRC’s right to execute this Agreement or OCPRC’s use of the Park as set forth herein. 5.2. Liability for Claims. Except as otherwise provided herein or in the Cooperative Agreement, each Party shall be responsible for any Claims made against that Party by a third-party and for the acts or omissions of its agents, employees, volunteers, officers, or officials arising under or related to this Agreement. 5.3. Liability for Claims Prior to the Agreement Effective Date. To the extent provided by law, the WBPRC shall be solely responsible for and shall defend (including payment of attorney fees) OCPRC against, at WBPRC’s sole expense, any Claim that occurred prior to the Effective Date or that was incurred but not reported prior to the Effective Date. 5.4. 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 Park. 5.5. Legal Representation. Except as provided herein, each Party shall seek its own legal representation and bear the costs associated with such representation, including judgments and attorney fees, for any Claim that may arise from the performance of this Agreement. 5.6. 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. 5.7. No Indemnification/Reimbursement. Except as otherwise provided for in this Agreement or in the Cooperative 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. 5.8. Governmental Function/Reservation of Rights. 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 or Bloomfield Hills Schools, as the owner of the Park. Nothing in this Agreement shall be construed as a waiver of governmental immunity. 5.9. 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. 5.10. Insurance. 5.10.1. Liability Insurance. Except as required in the Cooperative Agreement, this Agreement does not require either Party to obtain liability insurance to cover loss exposures associated with this Agreement and the Park. Except as required in the Cooperative Agreement, each Party is solely responsible to determine Page 7 of 9 PINE LAKE PARK - AFFILIATION AGREEMENT (FINAL VERSION 04-02-26) whether it will obtain liability insurance, and in what amounts, to cover loss exposures associated with this Agreement and the Park. 5.10.2. Real Property Insurance. WBPRC, at its sole cost, and not OCPRC, shall obtain real property insurance or self-insurance for existing buildings, Capital Improvements and structures located on the Park and for any future buildings and structures located on the Park whether built by WBPRC or OCPRC. If a building or structure that is covered by WBPRC’s real property insurance is damaged or destroyed, the WBPRC shall repair or replace the building, Capital Improvements or structure in a timely manner. 5.11. Waste. Neither Party shall commit or allow to be committed any waste or nuisance on or at the Park and will not use or allow the Park to be used, for any unlawful purpose. 5.12. Compliance with Laws. 5.12.1. The Parties 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 Park. 5.12.2. The Parties acknowledge that any violations of the federal, state, or local regulations or convictions of any resource violations by a Party may be considered a default of this Agreement and may terminate this Agreement, as provided herein. 5.13. 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. 6. GENERAL TERMS AND CONDITIONS. 6.1. No Interest in the Park. Through this Agreement, neither OCPRC nor WBPRC shall have title interest in and/or to the Park or any portion thereof and has not, does not, and will not claim any such title or any easement over the Park. 6.2. Delegation or Assignment. 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 WBPRC shall be given by the WBPRC Representative. 6.3. No Employee-Employer Relationship. Nothing in this Agreement shall be construed as creating an employer-employee relationship between County and WBPRC. 6.4. No Third-Party Beneficiaries. Except as provided for the benefit of the Parties and Bloomfield Hills Schools, 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. 6.5. 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, Page 8 of 9 PINE LAKE PARK - AFFILIATION AGREEMENT (FINAL VERSION 04-02-26) condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 6.6. 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. 6.7. Captions. 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 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. 6.8. Force Majeure. 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. 6.9. 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. 6.9.1. 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. 6.9.2. If Notice is sent to the WBPRC, it shall be addressed and sent West Bloomfield Parks and Recreation Commission, Executive Director, 33230 W. 14 Mile Road, West Bloomfield Michigan 48322 6.9.3. 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. 6.9.4. If any Notice is required to be provided to Bloomfield Hills Schools under this Agreement, it shall be addressed and sent to: Bloomfield Hills Schools Superintendent, 7273 Wing Lake Road, Bloomfield Hills, Michigan 48301. 6.10. 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 52nd District Court of the State of Michigan, or Page 9 of 9 PINE LAKE PARK - AFFILIATION AGREEMENT (FINAL VERSION 04-02-26) 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. 6.11. Counterparts. 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. 6.12. Entire Agreement. This Agreement represents the entire agreement and understanding between the Parties regarding the maintenance, operation, and management of the Park. This Agreement supersede all other oral or written agreements between the Parties regarding that subject matter. The language of this Agreement shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. IN WITNESS WHEREOF, Kelly Hyer has been authorized by a resolution of WBPRC, to execute this Agreement. EXECUTED: ____________________________________ DATE:______________ Kelly Hyer, Executive Director West Bloomfield Parks and Recreation Commission 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: ____________________________________ DATE: ______________ David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: _____________________________________ DATE: _______________ EXECUTED: ____________________________________ DATE: ______________ Ebony Bagley Chairperson Oakland County Parks and Recreation Commission WITNESSED: _____________________________________ DATE: _______________ West Bloomfield Pine Lake 18-14-251-031 21.1 acres BLOOMFIELD HILLS SCHOOLS EXHIBIT A EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT C PROJECT DESCRIPTION Page 1 of 4 Project Information Item Project Information Project Title: Pine Lake Park Oakland County City, Village or Township Name: Charter Township of West Bloomfield (project location) West Bloomfield Parks and Recreation (Party to Agreement) Name of Primary Contact: Kelly Hyer Address: 4640 Walnut Lake Road, West Bloomfield, MI 48323 Primary Contact Phone: Primary Contact Email Address: khyer@wbparks.org Please list any project partners: Proposal submission date: Financial Information Project Funding Project Amount: $1,500,000.00 Match Source Type of match (cash, in-kind, etc.) Match Amount Capital Budgets and prior year Total Project Funding (Requested Project amount + total match amount): $1,500,000.00 Project Budget Phase 1 Phase 2 Phase 3 Phase 4 All Phases Excavation 98,500 76,500 250,000 408,825 833,825 Grading 51,600 35,000 6,000 158,000 250,600 Amenities 811,600 55,000 - 1,092,000 1,958,600 Parking Lot/Walkways 90,300 366,750 50,000 795,300 1,302,350 Landscape/Restoration 43,000 60,000 18,750 305,000 426,750 Sub-Total 1,095,000 593,250 324,750 2,759,125 4,772,125 Design/Prof. Fees 477,213 - - - 477,213 Mobilization (5%) 54,750 29,663 16,238 137,956 238,606 Contingency (20%) 219,000 118,650 64,950 551,825 954,425 Total Project Costs 1,845,963 741,563 405,938 3,448,906 6,442,369 Total phases 1-3 $2,993,463 Total all phases $6,442,369 EXHIBIT C PROJECT DESCRIPTION Page 2 of 4 Project Schedule Anticipated Start Date: 2026 Anticipated Completion Date: 2029 Site Control Type of Site Control Select the type of site control the applicant has over the site where the project is to be completed: ☐ Fee Simple ☐ Less than fee simple (explain in comments field below) ☒ Lease ☐ License ☐ Easement ☐ Other (explain in comments field below) Site Control Comments Provide additional details as needed. Site is owned by Bloomfield Hills School District, leased by West Bloomfield Parks and Recreation. Lease attached. Site Access Entrance Fees Indicate whether the park or facility has any required entrance fees. ☒ No fees for park or facility use ☐ Non-resident annual or daily fee ☐ Annual or daily fee for residents and non-residents ☐ Other (explain in comments field below) Ways to Access Select the ways in which people can access the site. ☐ Automobile only ☒ Automobile ☒ Bicycle on-street ☐ Dedicated bike lane ☒ Sidewalk ☐ Nearby bus stop (within ¼ mile) (SmartBus on Orchard Lake Road and Long Lake is 0.6mi from park entrance). EXHIBIT C PROJECT DESCRIPTION Page 3 of 4 Project Description Need Statement What is the reason for doing this project? Answer may incorporate documented community and recreational needs, public engagement, con dition of current recreation assets, environmental issues or accessibility and inclusion needs. Is the project in the communities 5 -Year Parks and Recreation Master Plan or other planning document? The northeast quadrant of West Bloomfield is deficient of parkland. The project will fulfill the need for a park within walking distance and biking distance for many West Bloomfield residents as well as residents of adjacent Orchard Lake Village and Keego Harbor. The project will provide much-needed sports and recreation facilities for the community. Public support for the development of Pine Lake Park is documented with public engagement conducted in Spring 2024. The top five priorities for residents were 1) Looping and connected trails; 2) Playground; 3) Preservation of the wooded area; 4) Courts (pickleball, tennis, basketball) and 5) gathering spaces, small seating areas, shade, flexible open space. The acquisition and development of the Pine Lake property is addressed in WBPRC Master Plan 2022-2026. Project Scope What are the actions that will implement the proje ct? Is the project designed to meet or exceed ADA guidelines or to incorporate Universal Design principles? The funds provided by this Agreement are intended to fund portions of a four-phase project to convert the 21- acre Pine Lake School property in West Bloomfield into a public park with a wide selection of amenities and activities. The park will be operated and managed by WBPRC, at its sole cost. Phase Phase 1 Phase 2 Phase 3 Phase 4 Scope connector path Remove tennis courts and misc. pavement Develop construction documents for all phases Develop upper meadow ballfields Gravel parking lot to access fields (to be replaced with parking lot with stormwater management in Phase 4) stormwater management Gathering plaza Basketball courts Pickleball courts Tennis courts Final landscaping and site amenities Lighting WBPRC strives to make each park and facility as barrier-free as possible for the convenience of those with limited mobility. We are committed to uphold the Americans with Disabilities Act (ADA) to ensure social equality and inclusion of all citizens. All of the parks and facilities in our park system are ADA compliant and when possible, Universally Accessible. EXHIBIT C PROJECT DESCRIPTION Page 4 of 4 Project Outcomes What are the anticipated outcomes and who will benefit from the project? Will the project result in greater access to recreation for all residents and visitors? Are any environmental benefits expected? How will the project make the community more sustainab le and resilient? WBPRC Representative will provide statement Maintenance Describe how the project will be managed and maintained long -term, including any equipment or staffing needs and how they will be addressed. WBPRC has allocated approximately $50,000 in their annual operating budget for the operation and maintenance of Pine Lake Park, including mowing, etc. Long-Term Vision Describe how the project fits into a longer -term vision for the community (and beyond if applicable). WBPRC Representative will provide statement Attachments Required ☒ Project location map ☒ Site plan or project map Optional ☐ Public engagement reports ☐ Letters of support ☒ Design drawings and specifications ☐ Photographs with captions indicating relevant content ☐ Manufacturer information ☒ Other  Executed property lease  Pine Lake Master Plan presentation Acknowledgement/Payment This is a partial reimbursement program. WBPRC shall receive fifty percent (50%) of the Projec t A mount w ithin 30 days of the Agreement Effective Date. The remaining Project Amount shall be due and payable to WBPRC upon completion of Phase 1 and Phase 2 identified in the “Project Scope” Section of this Exhibit and upon submission of a request for payment by WBPRC . The request for the remaining Project Amount shall be in a format and manner determined by OCPRC. Submission : Send completed forms and attachments to the email below. If your file size is too large to email, reach out for file -sharing options . Please call with any questions. Contact Information: OCPRC Representative.