HomeMy WebLinkAboutResolutions - 2010.10.06 - 10325MISCELLANEOUS RESOLUTION #10243 September 23. 2010
BY: PLANNING AND BUILDING COMMITTEE, JOHN SCOTT, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — APPROVAL OF ACQUISITION FUNDING
AGREEMENT WITH DUCKS UNLIMITED FOR UPPER BUSHMAN ACQUISITION
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS. Ducks Uniimited and the County of Oakland willingly choose to enter into
this Agreement to facilitate the County's acquisition of properties located in Oakland County,
Michigan known as the Upper Bushman Tract and the Eisele Parcel (hereinafter 'Sites") as
specifically described in Exhibit A and hereby made a part of this Agreement; and
WHEREAS, the acquisition of the Sites has also been undertaken to substantially
increase the size of Independence Oaks County Park: and
WHEREAS, Wetlands America Trust. Inc. (WAT) owns the Eisele Parcel located in
Independence Township, Oakland County, Michigan and this property is adjacent to the
Independence Oaks County Park: and
WHEREAS, the acquisition of the Esele Parcel by the County from WAT will be
accomplished via a separate 'Declaration of Charitable afr agreement; and
WHEREAS. the parties desire to work together to further the goals and purposes of the
project as well as the mission and purpose of each respective organization.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approve and accept the terms and conditions of the attached Funding Agreement
between tne County of Oakland and Ducks Unlimited,
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes its Chairperson or his designee to execute said Acquisition Funding Agreement
between the County of Oakland and Ducks Unlimited.
Chairperson. on behalf of the Planning and Building Committee, I move theadoption of
the foregoing resoiution.
N1NG ANRITUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Gosselin absent.
Resolution #10243 September 23, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
A.
ITEM #7F
UPPER BUSHMAN CASH DONATIONAUDZaia.r.gigiggimlab
In early 2010 Ducks Unlimited (DU) was awarded a grant from the Carls
Foundation in-part to support the acquisition of the Upper Bushman Lake property in
Independence Township. The grant was submitted in partnership with the Oakland
County Parks and Recreation Commission, with DU as the grantee and fiduciary.
The grant award provides for a cash donation to OCPRC in the amount of
$105,000 towards the acquisition costs for the 186-acre Upper Bushman Lake property„
The grant also provides for the donation of the 2.3-acre Eisele property from Ducks
Unlimited to OCPRC: The Eisele property is located on Sashabaw Road between
Independence Oaks and the Upper Bushman Lake property. The parcel was identified
as part of a critical connection between the two properties, and will also provide easy
road-side access to the wetland complex for stewardship and natural resource
management.
The attached Funding Agreement was drafted by Ducks Unlimited and Oakland
County Corporation Counsel to satisfy the requirements of the Cans Foundation grant to
Ducks Unlimited. This agreement was presented to the Commission at its June 2010
meeting. At that time it was recommended to table this item until the purchase
agreement (declaration of charitable gift) could be completed for the Eisele parcel.
Since this time OCPRC has also closed on the Upper Bushman property.
Staff is requesting approval of the two attached resolutions for both (1) the
Acquisition Funding Agreement with Ducks Unlimited, and (2) the Declaration of
Charitable Gift with Wetlands America Trust (real estate-holding supporting organization
of Ducks Unlimited). The Acquisition funding agreement will provide for the cash
donation of $105,000 towards the Upper Bushman Acquisition. The Declaration of
Charitable Gift agreement will provide for the donation of the Eisele parcel to OCPRC.
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,
OAKLAND COUNTY PARKS &
RECREATION COMMISSION
DUCKS UNLIMITED, INC.
DUCKS UNLIMITED
Acquisition Funding Agreement
MI-122-2
Upper Bushman Eisele Transfer
This Agreement is effective this day of , 2010, between Ducks Unlimited, Inc.,
a non-profit corporation created under the laws of the District of Columbia, (hereinafter "DU"), and
the County of Oakland, a municipal corporation organized and created under the laws of the State
of Michigan (hereinafter "County). The Oakland County Parks and Recreation Commission is an
agency of the County, statutorily charged with the custody, control and management of Park
property.
WHEREAS, DU. and the County have entered into this Agreement to facilitate the County's
acquisition of properties located in Oakland County, Michigan known as the Upper Bushman Tract
and the Eisele Parcel (hereinafter ''Sites") as specifically described in Exhibit A and hereby made a
part of this Agreement, and
WHEREAS, the acquisition of the Sites is part of a project undertaken by the County and DU in
cooperation with the Cans Foundation to protect the headwaters of the Clinton River, which is an
area of important wetlands and waterfowl habitat and the protection of such land is consistent with
the mission of DU and the mission of the Oakland County Parks and Recreation Commission; and
WHEREAS, the acquisition of the Sites has also been undertaken to substantially increase the size
of Independence Oaks County Park; and
WHEREAS, Wetlands America Trust ; Inc. (-mu-) owns the Eisele Parcel located in
Independence Township, Oakland County, Michigan and this property is adjacent to the
Independence Oaks County Park; and
WHEREAS, the acquisition of the Eisele Parcel by the County from WAT will be accomplished
via a separate purchase agreement; and
WHEREAS, the parties desire to work together to further the goals and purposes of the project as
well as the mission and purpose of each respective organization; and
NOW, THEREFORE, in consideration of the mutually beneficial nature of the project and the
terms and conditions listed herein, DU and the County agree to the following:
1. agrees to transfer to the County, One Hundred Five Thousand dollars (5105,000) from a
Cans Foundation grant secured by DU. The sole purpose of these funds is to provide the County
with additional funds to assist in its acquisition of the Upper Bushman Tract In addition to the
DU
$l 05,000. DU shall provide in-kind services amounting to approximately Twenty-five Thousand
dollars (S25,000) for its planning and administrative costs associated with this project/Agreement.
2. The transfer of all of the funds described in Paragraph I from DU to the County is
contingent upon and shall only be made after the satisfaction of the following conditions:
a. DU's receipt of a fully-executed and recorded Deed showing that the Eisele Parcel has
been transferred to the County;
b. DU's receipt of a fully-executed and recorded Deed showing that the Upper Bushman
Tract has been transferred to the County; and
c. DU's receipt of a request for payment, including a copy of any closing statements and
purchase agreements that identifies purchase price paid by the County for the Upper Bushman
Tract
3. Except as set forth in Paragraph I, all costs associated with the acquisition of the Sites shall
be the responsibility of the County.
4. The County shall provide all reasonable and necessary services to ensure the timely
acquisition of both Sites. Such services shall include, but not be limited to, drafting necessary legal
documents, securing any title work that may be needed to either transaction, securing additional
funding to complete the Upper Bushman Tract acquisition, and any other similar services normally
associated with such transactions.
5. The County will work in good faith with North Oakland Headwaters Land Conservancy
(NOFILC) and use its best efforts to acquire seven (7) conservation easements on Sixteen (16) acres
creating the connector parcel between the Upper Bushman Tract and Independence Oaks County
Park.
6, a. DU appoints Jenifer Christman as its Project Contact.
b. The County appoints Melissa Prowse as its Project Contact.
The Parties may change their respective Project Contact at any lime by providing written
notification to the other party identifying the name of their new Project Contact. Correspondence
pertaining to this Agreement shall be sent to the following addresses:
Ducks Ducks Unlimited, Inc.
Great Lakes/Atlantic Regional Office
1220 Eisenhower Plate
Arm Arbor, MI 48108
County-ounty- Oakland County Parks and Recreation Commission
2800 Watkins Lake Road
Waterford, MI 48328
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7. DU and the County shall recognize the cooperative nature of this project Such recognition
shall include, but not necessarily be limited to, the erection and maintenance of mutually acceptable
signs by the County along roads, entrances and/or convenient viewing locations on the Sites and the
acknowledgment of each Party's contribution in any oral or written communications related to the
project
8. DU and the County shall cooperate in recognizing outside contributors who might provide
significant funding to hc!p underwrite costs of the project or who otherwise are mutually deemed to
deserve special recognition. This recognition can include signs, plaques and/or cairns erected on the
Sites. The principal costs of such recognition shall be borne by the Party initiating the recognition,
9. The County warrants that appropriations sufficient for the completion of the acquisition of
the Upper Bushman Tract have been administratively allocated. This Agreement shall not be
construed as binding the County to expend in any one fiscal year any sum in excess of authorized
appropriations administratively allocated for the purpose of this Agreement for that fiscal year, or to
involve the County in any contract or other obligation, other than this Agreement, for further
expenditun, of money in excess of such appropriations or allocations,
10. This Agreement shall become effective upon being signed by their respective
representatives, and thereafter it will continue in force for a period of one (1) year unless mutually
terminated or modified through amendment by the Parties at an earlier date.
11. Either Party may terminate this Agreement by providing thirty (30) days written notice to
the other party if: (1) all or any portion of the both tracts is acquired by any governmental agency by
means of, or under the threat of, eminent domain (a "Taking"); (2) termination is necessary or
desirable for any compelling reasons of public health, safety or welfare (a "Health Reason"); (3) the
County abandons the project or does not obtain title to the Sites (an "Abandonment"); or (4) the
County fails to manage and maintain the Site according to the-tenns of this Agreement and does not
cure, or does not take and prosecute diligently reasonable efforts to cure, such failure, within such
30-day period (a "Default"). The Parties also agree that if a termination should occur because of a
Taking, Health Reason, Abandonment or Default, then the County shall pay all costs properl y
incurred by DU to complete its obligations under this Agreement; such costs shall not exceed Seven
Thousand and Five Hundred Dollars ($7,500.00).
12. The County agrees that the Sites will be used for long-term conservation and public outdoor
recreation, If the Sites are not used for these purposes the County shall immediately pay to DU the
amount of money paid by DU to the County for the acquisition of the Sites plus the value of the in-
kind services provided by DU (such in-kind services amount shall not exceed twenty-five thousand
dollars ($25,000.00). This paragraph shall survive the termination or expiration of this Agreement
and remain a continuing obligation of the County.
Par 3 of 4
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Page 4 of 4
7171-.4
DUCKS UNLIMITED, INC,
BY:
Ilan& L. Graves
(TYPED NAME)
TITLE: CFO
DATE:
OAKLAND COUNTY
BY: —
(TYPED NAME)
TITLE:
DATE:
EXHIBIT A
Legal Description
Tax Item No. 08-03-401-004
Land in the Township of Independence, Oakland County, Michigan, described as:
Part of Lot 30. Supervisor's Plat No. 11, according to the plat thereof as recorded in Liber
115, page(s) 38 and 39 of Plats, Oakland County Records, beginning at most easterly lot
corner; thence south 46 degrees 39 minutes 40 seconds west 161.41-feet; thence south 47
degrees 56 minutes 20 seconds west 117.48 feet; thence north 51 degrees 07 minutes 06
seconds west 561.61 feet to north lot line; thence north 89 degrees 37 minutes 30 seconds
east 315.11 feet; thence south 63 degrees 11 minutes 20 seconds east 336.05 feet to
beginning.
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Resolution #10243 September 23, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections.
,
FISCAL NOTE (MISC. #10243) October 6, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION APPROVAL OF ACQUISITION FUNDING AGREEMENT
WITH DUCKS UNLIMITED FOR UPPER BUSHMAN ACQU/SITION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous
Resolution and finds:
1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of an
Acquisition Funding agreement between Ducks Unlimited and the County of Oakland for a cash donation
of $105,000 to the Oakland County Parks and Recreation Commission for use toward the acquisition
costs for the 186-acre Upper Bushman Lake Property located by Independence Oaks County Park.
2. Ducks Unlimited was awarded a grant from the Cads Foundation to provide this cash donation.
3. The Acquisition Funding agreement with Ducks Unlimited was recommended for approval by the Oakland
County Parks and Recreation Commission on September 1, 2010.
4. No General Fund/General Purpose or Parks and Recreation funding is required.
5. No budget amendment is recommended,
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Gingen absent.
G RESOLUTION
t ie ,
Resolution #10243 October 6, 2010
Moved by Runestad supported by Coulter the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted.
AYES: Burns, Coleman, Coulter, Douglas, Gershensort, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 6,
2010, with the origin& record thereof now remaining in my office,
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 6th day of October, 2010.
eat
Ruth Johnson, County Clerk