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HomeMy WebLinkAboutResolutions - 2010.02.02 - 10085NO AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #10023 BY: Planning and Building Committee, John A. Scott. Chairperson February 2, 2010 IN RE: DIVISION OF PLANNING AND ECONOMIC DEVELOPMENT SERVICES — REQUEST FOR APPROVAL OF RESTORATION AGREEMENT BETWEEN OAKLAND COUNTY AND MICHIGAN DEPARTMENT OF NATURAL RESOURCES, PARKS AND RECREATION DIVISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Vie Oakland County Board of Commissioners and County Executive recognize the value of maintaining historical places of interest; ard WHEREAS Public Act 254 of 1919, MCL 46.231, permits the Board of Commissioners to appropriate money for the purpose of fostering any activity or project which tends to advance the historical interests of the County: and WHEREAS the Division of Planning and Economic Development Services and the Michigan Department of Natural Resources, Parks and Recreation Division wish to enter into a Restoration Agreement: and WHEREAS the purpose of this Restoration Agreement is to establish a formal relationship between the Parties for the restoration of the Haven Hill Complex Historic District, formerly the Edsel Ford Estate, located within tne Highland State Recreation Area: and WHEREAS the Haven Hil, Complex Historic District along with the Highland State Recreation Area are nationally significant historic and ecological resources with tremendous economic potential located in Oakland County; anc WHEREAS the Divtion of Planning and Economic Development Services requested the assistance of the Department of Corporation Counsel to develop an agreement to set forth the duties and obligations of the County and the M:chigan Department of Natural Resources, Parks and Recreation Division as they related to the restoration of the Haven Hill Complex Historic District; and WHEREAS the Division of Planning and Economic Development Services will allocate 525,000 to the Michigan Department of Natural Resources. Parks and Recreation Division for the restoration of the Haven Hill Complex Historic District; and WHEREAS the Division of Planning and Economic Development Services and Department of Corporation Counsel have reviewed and prepared the attached Restoration Agreement; and WHEREAS it is the recommendation of the Division of Planning and Economic Development Services that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attacned Restoration Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Restoration Agreement. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Restoration Agreement. Chairperson. on behalf of the Planning and Building Committee: 1 /rove the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. RESTORATION AGREEMENT BETWEEN OAKLAND COUNTY AND MICHIGAN DEPARTMENT OF NATURAL RESOURCES This Restoration Agreement ("Agreement") is made between Oakland County, a Michigan Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County") acting by and through Oakland County Planning and Economic Development Services and the State of Michigan through its Department of Natural Resources, Parks and Recreation Division ("MDNR"), 530 W. Allegan, Lansing, MI 48933. In this Agreement, the County and the. MDNR may also be referred to individually as "Party - or jointly as "Parties". Purpose of Agreement. The purpose of this Agreement is to establish a formal relationship between the Parties for the restoration of the Haven Hill Complex Historic District, formerly known as the Edsel Ford Estate, ("Haven Hill") located within the Highland State Recreation Area in White Lake and Highland Townships. Haven Hill has been deemed a historical place of interest by MDNR's Historic Structures Strategic Plan which identifies structures possessing historic significance likely to be eligible for the National Register of Historic Places at the national, state, or local level. This Agreement will set forth the responsibilities and obligations of each Party, The County enters into and executes this Agreement under the authority of MCL 46.231, 1919 PA 254. The Parties agree to the following: 1. Definitions. 1,1 Agreement Documents means all exhibits and attachments to this Agreement. All exhibits and attachments to this Agreement are fully incorporated intc this Agreement: Exhibit A-Statement of Work. 1.2 County means the County of Oakland, a Municipal and Constitutional Corporation, its departments, divisions, authorities, boards, committees, employees, agents, and volunteers. 1,3 Michigan Department of Natural Resources, Parks and Recreation Divisicn ("MDNR") means 2, Obligations of the Parties. 2.1 The County shall give MDNR twenty-five thousand dollars ($25,000.00) to restore Haven Hill. 2.2 Restoration of Haven Hill shall be completed according to the Statement of Work attached as Exhibit A. 2.3 In exchange for the twenty-five thousand dollars ($25,000.00), MDNR shall perform the Statement of Work attached as Exhibit A. 1 2A Except for providing MDNR twenty-five thousand dollars ($25,000.00), the County shall not be liability for any costs or fees associated with the restoration of Haven Hill and the performance of the Statement of Work (Exhibit A). 2.5 If MDNR does not complete the work contained in the Statement of Work within twenty-four (24) months of full execution of this Agreement, then MDNR shall repay the County all funds which were not used to complete work according to Exhibit A. 3. Liability., When performing under this Agreement, the Parties, their agents, and their employees shall be provided immunity from liability as set forth in the Government Tort Liability Act, MCL 691.1401 et seq. 4. Reservation of Rights. 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. 5. Government Function. The work and activities performed pursuant to this Agreement are governmental functions. It is the intention of the Parties hereto that this Agreement shall not be construed to waive the defense of governmental immunity held by either Party. 6. Third Parties, This Agreement is not for the benefit of any third party. 7. Duration of Agreement, This Agreement shall be effective when executed by both Parties and shall remain effective for twenty-four (24) months, unless cancelled or terminated by either Party as provided for in this Agreement. 8. Termination or Cancellation of Agreement. Either Party may terminate or cancel this Agreement for any reason upon thirty (30) calendar days written notice to the other Party. Upon termination or cancellation of this Agreement. MDNR shall repay the County all funds which were not used to complete work according to Exhibit A. 9. Notice. All notices or other communications given by either Party to the other under this Agreement shall be in writing and shall be personally delivered, sent by registered or certified mail, return receipt requested, or by overnight delivery services with full :racking and verification capability, to the other Party at its address set forth below or such other address as a Party may subsequently designate in writing. The date of personal delivery or upon verification and receipt of such certified or registered mailing, or overnight delivery as the case may be, shall be deemed to be the date on which such notice is given. 9.1 Notice to County: Manager, Oakland County Planning and Economic Development Services, 2100 Pontiac Lake Road, Waterford, Michigan 48328, 9.2 Notice to MDNR: Kristen Bennett, District Planner, 26000 W. Eight Mile Road, Southfield Michigan 48034 Restoration Agreement—Draft 3Final.doe 10. Compliance with Laws. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 11. Severability, If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or conditon shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 12. Governing Laws, This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. 13. Agreement Modification. Any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 14. Entire Agreement. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written agreements and memorandums between the Parties regarding this subject matter. By: Date Es: OAKLAND COUNTY By: Bill Bullard, Jr., Chairperson Date Oakland County Board of Commissioners 3 Restoration Agreement--Draft 3Final.doc PROGRAMS/ SUPPORT Architectural Concepts HIGH 'interpretive Signage MED Marketing HIGH 06/30/10 :.:06/01/11 • Ongoing HIGH HIGH HIGH MED FACILITY IMPROVEMENT PRIORITIES Phase ,One BUILDING SITE,FAOILITIES EMITS Barn Carriage House Gate House Lodge Foundation Roads & Parking (See Detail Outline) 12/01/10 06/01t11 06/01/11 PRIORITY PHASE 1 Action Plan - ° Edsel Ford Haven Hill Estate Renovation/Restoration Highland State Recreation Area FUNDS AND STAFF RESOURCES FOR DISTRIBUTION $25,000 Project Support Funds - Oakland County Planning & Economic Development Services MDNR — Parks Division (Funds and Personnel Hours) 1. $7.000 Timber resources for restoration lumber of the barn 2, $5,000 Signage from the DNR sign shop: graphic design services 3. $3,500 Native landscape plant material for restoration to the original Jens Jenson designs 4, $5,000 250 Service Dedicated Hours with heavy equipment from the MDNR Park staff 5. $2,000 MDNR- PRD District capitol outlay funds 6. $2,500 250 Service Hours from the Friends of the highland Recreation Area CONTRIBUTION rone OCFEDS Staff $800 MDNR 5) Pla*Approved Stabilization Achieved RepokCoMpleted &teceived ...06130110:.. 06/30/11 • :77/31110::::: 7/31/10 $1,000 VIDNR (6) (FORA-1 100 Hrs) FN..ETION RS (See Detail Outline) P;itting & Abate :t.Completed Demolition Completed Phase/i Construction Cbrnpleted Clean Up & Waste Removal Completed 08/30110 11/01111 12/1/10 PHASE I Action Plan - Edsel Ford Haven Hill Estate Renovation/Restoration Highland State Recreation Area BARN STRUCTURE Phase One — WORK ACTION 1 Resolve Dept Issues 2, Complete Architectural Concepts 3. Stabilization of Structure 4. Asbestos Assessment Report 5. Architectural Construct: on Documents 5_ Asbestos Abatement w/ Permitting 7. Demolition 8. BarrrCube: Phasel Restoration 9. Clean Up & Waste Removal Furris ri $5,000 MDNR (1) $2.000 MDNR (4) (Equip. op. 100 Hrs) : $ 8,800 MDNR Funds $750 MDNR (6) (75 FOHRA Hrs) FiAndS $1,200 MDNR (5) $1,000 MDNR .(1) $2500 MIDNR (2) $3.500 MDNR (3) $1000 MDNR (4) (Equip. Op 50 Hrs) lans CompiOed/Appnaved Plans Completed/Approved ReporOompleted &Peceived • Pefrnitting Abaterntant-Completed; Sign Program Cornpleted 'Lands406,detign & . ImPthmentation Clean Up & Waste Removal Completed .Q6Dfi 0. 07/31/10 •- ',07/31/143 08/15/10 051_15111 05/15/11 05715/11 06/01/11 r rs : $9,950 MDNR Funds PHASE I Action Plan - Edsel Ford Haven Hill Estate Renovation/Restoration Highland State Recreation Area CARRIAGE HOUSE Phaselane WORKACTION CONTRIBUTION 1.Resolve Dept Issues none 2.. Complete Atptittebtufal.:Concepts 3. Architectural Construction Documents :.4.;:i!itbestos Assessment Report 5.. Asbestos Abatement w/ Permitting :phase -1 :Building -Renovation 7.Interpretive Signage Program Develop 8..Landscape. :Reetorationi Renovation 9. Clean Up & Waste Removal CONTRIBUTION none LETION PROJECIED'' INI1CAIDRS COMPETIGNDATE Comp' &Approved - Plans Completed/Approved Repoteompleted &!leceived Permitting& (Lumber Fund) Abaterniant Completed Signs Completed & Installed Landlitoe Design & - I tallation $1,000 MDNR (1) $1000 MDNR (4) Clean Up & Waste PHASE I Action Plan - Edsel Ford Haven Hill Estate Renovation/Restoration Highland State Recreation Area GATEHOUSE ,•47thage.:.:0:nes.•,.• • :.• ACTION ,.• • . - 1.Resolve Dept Issues • 2. Complete Architectural Concepts 3. Architectural Construction Documents 4. Asbestos Assessment Report 5.. Asbestos Abatement vv/ Permitting -6. -Phase I Bulding Renovation 7. Interpretive Sig nage Program Develop .8. Landscape Restoration/ ,Renovation 9. Clean Up & Waste Removal $500 IVIDNR (8) (50 FOFIRA Hit) Hy. Eq Oper. 50 hrs Removal Completed ;- $2,750 IVIDNR Funds CONTRIBUTION $2,500 MDNR (2) pLE.Tiptt IN**ToRs Signs Completed & installed 611110 $1,000 MIDNR (4) I-1v. Eq Oper. 50 hrs PHASE '1 Action Plan - - Edsel Ford Haven Hill Estate Renovation/Restoration Highland State Recreation Area *Chase One — *ORK ,ACTION 1.Misc.Complex Interpretive Signage '.,h/lisc Site Work 3.5% Phase 1 Contingency n. 4.4 $3,500 MIDNR Funds Prepared By Oakland County Planning & Economic Development Services - i P Resolution #10023 February 2, 2010 The Chairperson referred the resolution to the Finance Committee. There were no objections.