CONSENT JUDGMENT

STATE OF MICHIGAN

EMMET COUNTY CIRCUIT COURT

BLISSFEST MUSIC ORGANIZATION, a Michigan non-profit corporation,

Plaintiff/Appellant,                                    Case N° 01-6551-CZ

EMMET COUNTY ZONING BOARD OF APPEALS Hon. Charles W. Johnson and the COUNTY OF EMMET, a Michigan municipal corporation,

Defendants/Appellees,

AND Consolidation of Files: 01-6551-CZ 01-6522-AA COUNTY OF EMMET, a Michigan municipal corporation.

Emmet County and Blissfest Music Organization, the named parties in the above-captioned consolidated civil actions, desire to resolve and adjudicate all claims between themselves with respect to the Blissfest Festival and arising out of the subject matter of this litigation as described by the complaints, as amended, and defenses, as amended, in the above-consolidated actions. Toward this end, the County and Blissfest stipulate to the entry of this Consent Judgment for purposes of adjudicating the claims and defenses in this consolidated action and for the purpose of enforcing the terms of this Consent Judgment. This Consent Judgment shall constitute a complete disposition and adjudication of the controversies between the parties related in any manner to matters that were or could have been raised in regard to all claims and defenses in the above consolidated actions. The Consent Judgment is based on and consists of the provisions agreed to by the County and Blissfest and approved and adjudicated on entry by the Court:

1. Plaintiff Emmet County ("County") is vested with full administrative and enforcement authority and responsibility under The Emmet County Zoning Ordinance no. 10, as amended, ("zoning ordinance"), and the powers granted to it under the county zoning laws and common law pertaining to zoning of Michigan. The County represents that it has full authority to enter into this consent judgment.

2. Blissfest Music Organization ("Blissfest") is a Michigan Non-Profit Organization whose purpose is to promote the performance and education of traditional music, dance, and the arts in the Petoskey area and throughout Northern Michigan. Blissfest represents that it has full authority to enter into this consent judgment.

3. Blissfest owns and/or leases 140 acres of contiguous property in Readmond Township, Emmet County, Michigan 40 acres leased from Howard Rice in 1988 and acquired in 1995 ("Parcel 1"), 80 acres adjacent and west of Parcel 1, leased in 1995 and acquired in 1998 ("Parcel 2"); 20 acres south of Parcel 1 that is leased ("Parcel 3"). The three parcels are more fully described in Exhibit A ("Property") The Property is located in the FF-2 Farm Forest District under Article VIII of the zoning ordinance. Blissfest may continue to use its Property in accordance with the zoning ordinance, and subject to the terms of this Consent Judgment, Blissfest is granted the right to continue to hold its annual weekend Blissfest Festival on the Property for the following Festival uses:

a. Performances and workshops on music, dance, oral tradition, arts and crafts, including public address systems for such performances or workshops of Festival;

b. Craft, memorabilia, and food sales for attendees of Festival;

c. Temporary camping and parking for volunteers and attendees of Festival;

d. Day parking for volunteers and attendees of Festival;

e. Ancillary temporary tents and structures for Festival services such as, but not limited to, security, sanitation, first aid, food, information and utilities.

4. Rather than litigate, and as a compromise of the issues between them, the County and Blissfest believe it is in the best interest of both of them and the public health, safety, and welfare to define the permitted uses of the Property for the Blissfest Festival subject to restrictions, conditions, and the County zoning ordinance as specified below and in the Site attached as Exhibit B. The County and Blissfest agree that in lieu of such litigation the following provisions shall be deemed to constitute a full determination and adjudication regarding the use of the Property for the BLISSFEST FESTIVAL on entry of the Consent Judgment and execution of a Conservation Easement as described below:

a. The 1992 special use permit issued to Howard Rice for Parcel 1 is rescinded, except that Blissfest may use Parcel 1 as allowed under the

zoning ordinance.

b. The Blissfest has the right to hold its annual Blissfest Festival, on Parcel No. 1 and a portion of Parcel No. 2, including the uses specified

paragraph 3, above.

c. The Blissfest may continue to use its leased Parcel No. 3, but only as permitted in accordance with the zoning ordinance.

d. The Blissfest shall grant and convey a Conservation Easement to the County, in substantially the same form as the Conservation Easement

attached as Exhibit C, the purpose of which is to preserve the conservation

and natural values of the property by prohibiting development on those portions of the Property subject to the Conservation Easement, except as may be excluded or allowed by the terms of the Conservation Easement and this Consent Judgment. The Conservation Easement shall be granted as follows:

i. Blissfest shall grant and convey a Conservation Easement to the County over the wooded portion of Parcel 1 as shown on the aerial photograph attached as Exhibit D with the following allowed uses:; (a) walk-in, non-motorized existing camping and workshop areas for the Blissfest Festival; and (b) small walk-in rustic shelters or cabins (not to exceed 400 square feet each), with electricity and t vaulted toilets, provided that the site plan for the shelters or cabins, including the number of shelters or cabins, is approved by the County in accordance with any applicable site plan and set-back restrictions of the zoning ordinance; and (c) any existing structures on the Property, and any future structure or rustic camp site reviewed for approval by the County Planning Commission according to site plan procedures in the zoning ordinance.

ii. Blissfest shall also grant and convey a Conservation Easement

(within the same document as Exhibit C, above) to the County over

Parcel 2, except for:

(1) development of the south 20 acres for single family residences, including ingress and egress, roads and utilities, in accordance with the open space option pursuant to Sections 1901 and/or 1902 of the zoning ordinance.

(2) Reasonable ingress and egress, for the Festival, Festival camping, parking, and related temporary structures, and a

gate house to a maximum of 325 square feet to replace existing

trailer, and camping and parking for any other lawful or permitted use

in accordance with the zoning ordinance on that part of Parcel 2

described as follows:

Parcel A:

Section 12, T37N R6W, Readmond Township, Emmet County Michigan, the east 740 feet of the northwest 1/4 of northwest 1/4 of said section.

Parcel B:

Section 12, T37N R6W, Readmond Township, Emmet County Michigan, commencing at the southeast corner of the northwest 1/4 of northwest 1/4, thence east 740 feet, south approximately 600 feet, thence east 740 feet more or less to west 1/4 line, thence north approximately 600 feet to the point of beginning.

.

(3) Farming, agriculture, and horticulture, including necessary

water and utilities.

(4) Any existing structures on the Property, and any future structure, camping area or parking area, reviewed for approval by the County Planning Commission according to site plan procedures in the zoning ordinance.

e. Blissfest may otherwise develop or use its Property provided that such use, development, building, or structure complies with the zoning ordinance, including any applicable special use and site plan requirements, and the Conservation Easement.

5. The Blissfest is permitted to hold its annual weekend Blissfest Festival subject to ~ the limitations and restrictions of this Consent Judgment, the Conservation Easement, and the

following conditions:

a. Noise. Noise from the Blissfest Festival shall not cause a nuisance under the laws of Michigan or result in an unreasonable noise disturbance beyond the property lines to those residing on or occupying nearby properties based on the sensibilities of a reasonable person.

b. Lighting. Lighting on the property shall comply with the County lighting standards of the zoning ordinance.

c Dust Blissfest shall implement an appropriate dust control plan subject to approval of the County Road Commission and County Soil Erosion Officer.

d. Traffic. Blissfest shall discourage parking on public roads and provide adequate traffic control staff.

e. Trespassing. Blissfest shall make public address announcements and post notices near the boundaries of adjoining property in a clear manner that

warn against trespassing on non-Blissfest property.

f. Health and Sanitation. Blissfest shall comply with all health and sanitation

requirements of the Michigan Department of Environmental Quality,

Northwest Michigan Community Health Agency, or other applicable laws and regulations. Blissfest shall provide a minimum of 20 temporary showers for camping, in order to discourage bathing at nearby beaches The parties agree that the Review Committee, as described in paragraph 12, below, may review the number of showers for adequacy

g. Safety and Security. Blissfest shall comply with applicable safety and security requirements imposed by law or regulation. Blissfest shall provide an adequate and competent security force for the Festival.

h. Alcohol. There shall be no sale of alcohol on the property. Blissfest shall implement an alcohol use and control plan, as set forth in Exhibit E

i The Festival is limited to one weekend per calendar year, Friday to Sunday, subject to the following:

(i) The set up and take down shall substantially occur not earlier than

the preceding Monday and not later than the following Wednesday

(ii) Camping for ticket holders shall be no earlier than 8:00 a.m. on Friday and not later than Monday noon after the Festival.

(iii) Amplified outdoor concerts shall end by 11:00p.m. on Friday, 12:00a.m.(midnight) Saturday and 10:00 p.m. Sunday.

J. The Festival is limited to a daily maximum of 4,500 paid tickets (weekend

ticket holders plus each day ticket holders). This limit may be increased

upon application of Blissfest and approval of the P1anning Commission.

6.Failure to comply with these conditions shall constitute a violation of this Consent Judgment and a violation of the Emmet County Zoning Ordinance and any amendments thereto, which violations may be prosecuted accordingly. The County also shall have an independent right to enforce the terms and provisions of the Conservation Easement under this Consent Judgment or directly under the Conservation Easement as provided by law

7. Upon presentation of proper identification, authorized County personnel shall be allowed entry at all reasonable times to inspect the premises to ensure compliance with these provisions for the Festival. Entry of the premises by authorized County personnel for purpose of inspection shall be considered reasonable at any time during the period beginning two weeks prior to each Festival and ending two weeks after each Festival.

8. Nothing herein is intended to limit the right of a Township to adopt an ordinance covering the subject matter of this Consent Judgment

9.Except for the provision of this Consent Judgment, the County and Blissfest hereby forever release one another from any and all causes of actions, claims, demands, damages, equities, claims for relief, expenses, orders issued by the court in the litigation, injuries, losses, acts, rights, obligations, and liabilities that they have now, or may have in the future, against one another, whether known or unknown, arising out of the subject matter of this litigation

10. The Parties shall take steps necessary to dismiss District Court civil action No. 01-

01 132-ST, and cancel and release any outstanding citation, claim, order, or other demand related to such action

11. No later than six (6) weeks prior to the first day of each Blissfest Festival, the Blissfest Music Organization shall make a deposit in the form of cash, or a certified or cashier’s check, with the Emmet County Clerk in a reasonable amount acceptable to the County to ensure the faithful performance of the conditions set forth in paragraph 5. The amount of the deposit shall be set by the County based upon its reasonable estimate of the costs of ensuring substantial compliance with these conditions. The County shall refund the deposit of the Blissfest Music Organization within two (2) weeks after the last day of the Festival if all of the conditions have been substantially met to the County’s satisfaction. The deposit will be five thousand dollars ($5,000.00) for the year 2002, thereafter, the County will make a reasonable estimate of costs to ensure compliance with the conditions set forth in paragraph 5, and shall take into consideration Blissfest’s history of compliance.

12. The County Board of Commissioners shall have the right to appoint a Blissfest Review Committee of not more than 9 persons for the purposes of (1) facilitating communications between Blissfest and persons who may be negatively affected by the operation of the Blissfest Festival, (2) creating a forum for constructive suggestions and recommendations to Blissfest to alleviate or facilitate the resolution of unforeseen negative impacts from the Festival, (3) allowing Blissfest the opportunity to redress grievances of persons negatively impacted by the operation of the Festival, and/or (4) other appropriate purposes related to this Consent Judgment as the County Board may determine. Blissfest may request that the County convene a meeting for such purposes. It is intended that the Committee be comprised of representatives of Blissfest, the County, affected Township(s), neighborhood associations, and other interested citizens. Meetings of the Committee shall be scheduled as needed at reasonable times and places to accommodate the broadest possible participation by all representatives. Blissfest and the County expressly agree to attend and participate in good faith in meetings of the Committee, and Blissfest agrees to reimburse up to c, $1,000 per year, any costs reasonably incurred by the County in administering this provision

13. This Consent Judgment is binding on the parties, assigns, grantees, successors, and in the case of the County, its various boards and commissions, and the Consent Judgment may not

be modified or amended without the express written agreement of the parties and the approval of the Court.

BLISSFEST MUSIC ORGANIZATION COUNTY OP EMMET

By:_____________________________ By:__________________

Its:_____________________________ Its:__________________

Date:___________________ Date:_________________