PERMISSION TO PERFORM NATURAL AREA STEWARDSHIP
THIS AGREEMENT made this __________ day of ______________, 2014 by and
between Paint Creek Trailways Commission, hereinafter referred to as the OWNER, and
the CHARTER TOWNSHIP OF OAKLAND PARKS AND RECREATION
COMMISSION, a Michigan municipal corporation, and, hereinafter referred to as the
COMMISSION, concerning the portion of parcel 10-18-503-007 that contains Stream
Bank Stabilization Site 1 and the portion of parcel 10-28-503-013 that contains Stream
Bank Stabilization Site 2 and Stream Bank Restoration Site 3 and owned by the
OWNER, hereinafter referred to as the PREMISES.
WITNESSETH:
WHEREAS, the COMMISSION, and its authorized agents, seek to perform stream bank
stabilization and restoration construction activities, herein referred to as Stewardship, on
the PREMISES to prevent further stream bank erosion.
WHEREAS, OWNER, in consideration of the benefits from stabilizing eroding stream
banks, including protection of Paint Creek Trailway trail surface, subsurface and shoulder
areas as well as reducing further degradation to the creek’s water quality and the integrity
of the Paint Creek fisheries and ecosystem, desires that Stewardship be performed on the
Premises.
WHEREAS, it may from time to time be necessary for the COMMISSION, its agents,
employees, to enter into and upon the Premises of the OWNER and do Stewardship
contemplated by this agreement, specifically: 1) visit the Premises with prospective
contractors and 2) conduct and oversee construction activities to eliminate stream bank
erosion.
WHEREAS, it will be necessary for sections of the Paint Creek Trail to be closed during
some portions of the construction activities, for the protection of trail users.
WHEREAS, OWNER, in consideration of the safety of trail users agrees to assist with
trail closure as necessary during construction and provide Paint Creek Trailway
representatives on-site if necessary.
NOW, THEREFORE, OWNER does hereby grant to the COMMISSION, its successors
and assigns, permission to enter over and upon the Premises for the purpose of
Stewardship as described herein between December 19, 2014 and April 30, 2015; to
apply for the necessary MDEQ, County, and/or local permits to properly complete the
proposed construction activities; and to make photographic and/or video recordings of its
activities on the Premises during said time period without any obligation to pay OWNER
any royalties, proceeds, or other benefits derived from such photographic and video
recordings;
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FURTHER, COMMISSION, while entering the Premises and performing Stewardship,
will take reasonable steps to limit disruption to the Premises and agrees to hold harmless,
release and, to the extent permitted by law, indemnify OWNER from any and all claims,
demands, causes of action, or damages of any kind or nature against OWNER, including
any employees, agents, representatives, or designees brought by any party, arising out of
Stewardship by the COMMISSION;
FURTHER, OWNER understands that disruption of soils and vegetation will occur in
the course of Stewardship and agrees that previously stockpiled logs may be removed
from the Premises at the conclusion of the project and shall thereupon become the legal
property of the PRC, without charge by OWNER, and that Owner agrees to hold
harmless, indemnify and release COMMISSION from any and all claims, demands,
causes of action, or damages of any kind or nature against COMMISSION, and its
officers, employees, agents, representatives, or designees brought by any party, arising
out of salvaging vegetation by the COMMISSION; and
FURTHER, it is understood that COMMISSION, during the above-described time
period, shall have reasonable access over any portion of the said Premises, and shall have
the right to perform necessary actions upon said land to accomplish the purposes of this
agreement.
1st
OWNER:
COMMISSION:
By: __________________________
(Print Name:
)
By: __________________________
(Print Name:
)
(Print Title:
)
Date: _________________________
Date: _________________________
WITNESS: ____________________
(Print Name:
)
WITNESS: ____________________
(Print Name:
)
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