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HomeMy WebLinkAboutResolutions - 2014.07.31 - 21434MISCELLANEOUS RESOLUTION #14179 July 31, 2014 BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION — 2014 MICHIGAN DEPARTMENT OF NATURAL RESOURCES RECREATION IMPROVEMENT FUND GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Parks and Recreation Commission has been notified of the award of the RIF14-101 ORV Training and Demonstration Site Development Work Grant from the Recreation Improvement Program, administered by the Michigan Department of Natural Resources; and WHEREAS, the Twenty Thousand Dollar ($20,000) grant will help offset the cost of site development and earth work to develop a training and demonstration facility for ORV recreational opportunities in Oakland County in partnership with the Michigan Department of Natural Resources; WHEREAS, the Oakland County Parks and Recreation Commission recommends the acceptance of the following grant from the Michigan Department of Natural Resources Recreation Improvement Fund for $20,000 and WHEREAS, the grant agency requires a resolution from the Governing Body to accept the grant award. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and accepts the Michigan Department of Natural Resources Recreation Improvement Fund grant award. BE IT FURTHER RESOLVED that the Chairperson of the Board is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. GRANT REVIEW SIGN OFF — Parks & Recreation GRANT NAME: 2014 Recreation Improvement Fund FUNDING AGENCY: Michigan Department of Natural Resources DEPARTMENT CONTACT PERSON: Melissa Prowse 248 249-2801 STATUS: Grant Acceptance DATE: June 16,2014 Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (6/11/2014) Department of Human Resources: BR Approved (No Committee) Lori Taylor (6/13/2014) Risk Management and Safety: Approved with Modification. The recommended modification is as follows: 1. The Insurance section on Page 2 of the Memorandum of Understanding and Agreement from the Michigan Department of Natural Resources should be removed from the agreement. The attached communication from Mark Mandenberg of the DNR satisfactorily addresses this issue. —Robert BrIenbeck (6112/2014) Michigan Department of Natural Resources: Hi Melissa- we won't be changing the agreement form, you can strike out the statement on both copies, initial and date the strikeout and return them for signature here in Lansing with a copy of the certificate of self-insurance. We will have both originals signed and return one for your files. — Mark Mandenberg (6/12/2014) Corporation Counsel: The above-referenced Memorandum and Agreement is approved. There are no legal issues that must be resolved, prior to execution. — Jody S. Hall (6/13/2014) MISCELLANEOUS RESOLUTION IN RE: MICHIGAN DEPARTMENT OF NATURAL RESOURCES RECREATION IMPROVEMENT FUND GRANT FOR SITE DEVELOPMENT FOR AN ORV SAFETY EDUCATION TRAINING FACILITY To: Oakland County Parks and Recreation Commission Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Parks and Recreation Commission has been notified by the Michigan Department of Natural Resources that it was awarded a grant through the Recreation Improvement Fund; and WHEREAS, the Oakland County Parks and Recreation Commission is developing an ORV demonstration and training site in partnership with the Michigan Department of Natural Resources; and WHEREAS, the Oakland County Parks and Recreation Commission recommends the acceptance of the following grant from the Department of Natural Resources for $20,000 from the Michigan Department of Natural Resources Recreation Improvement Fund; and WHEREAS, the grant agency requires a resolution from the Governing Body to accept the grant award. NOW THEREFORE BE IT RESOLVED THAT THE Oakland County Parks and Recreation Commission hereby requests the Oakland County Board of Commissioners authorize and approve the Michigan Department of Natural Resources Recreation Improvement Fund grant award. BE 11- FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Board of Commissioners direct its Chairperson or designee to execute said grant agreement on behalf of the County of Oakland. Date: Moved by: Supported by: AYES: NAYS: July 9, 2014 Mrs. Long Mr. Kostin Baumhart, Fisher, Kostin, Lewis, Long, McGillivray, Scott, VanderVeen (8) (0) OAKLANDCOUNTYPARKS OAKLAND COUNTY PARKS ET' RECREATION COMMISSION AGENDA JULY 9, 2014 AGENDA ITEM No. 9 I' BUSINESS DEVELOPMENT To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Melissa Prowse, Business Development Representative Submitted: July 10, 2014 Subject: Michigan Department of Natural Resources Recreation Improvement Fund Grant Award INTRODUCTION AND HISTORY Staff is requesting acceptance of a grant award from the Michigan Department of Natural Resources Recreation Improvement Fund for site-work for an ORV demonstration and training event site in Groveland Township. The MDNR has awarded a $20,000 grant (40% of total site development costs) to Oakland County Parks and Recreation through its Recreation Improvement Fund grant program. There was no application submitted for this grant, and it has received grant sign-off through Oakland County Fiscal Services. The development of the site will be completed in two phases. Phase I ($30,000) will consist of the ORV trail development. Phase II ($20,000), to be funded by the MDNR, will consist of the development of safe public access, viewing areas and appropriate training facilities to be utilized for the ORV demonstration event as well as ORV trainings run by the MDNR. ATTACHMENTS O Resolution to accept grant award O Grant Review sign-off • Grant Agreement STAFF RECOMMENDATION The staff recommends the Commission approve the attached resolution authorizing the acceptance of the Michigan Department of Natural Resources Recreation Improvement Fund for a $20,000 grant to support site- work for an ORV demonstration event site and training facility in Groveland Township. MOTION Move to approve the attached resolution authorizing the acceptance of the Michigan Department of Natural Resources Recreation Improvement Fund for a $20,000 grant to support site-work for an ORV demonstration event site and training facility in Groveland Township, and forward it to the Oakland County Board of Commissioners for final approval. Michigan Department of Natural Resources Parks and Recreation Division MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR THE RECREATION IMPROVEMENT FUND This information is required by authority of Part 711 of Act 451 of 1994, as amended, to qualify for reimbursement. GRANT AGREEMENT NUMBER RIF 14-101 Grantee Oakland County - Parks and Recreation Attention Melissa Prowse Address 2800 Watkins Lake Rd. City, State, ZIP Waterford, Mi 48328 Telephone ( 248 ) 760-8360 Federal Employer Identification Number (FEIN) 38-6004876 It is expressly understood by and between the parties hereto that the proposal bears the above Grant Agreement Number and associated documents including all attachments, are by this reference made part of this understanding. All materials bearing this number constitute the entire understanding between the parties. An agreement is made between the MICHIGAN DEPARTMENT OF NATURAL RESOURCES (hereinafter called the Department; State Trails Coordinator, contracting officer) and the above-named Grantee for funding: Site construction work for safety education training facility including entry road, parking and riding challenge features. The project period shall be from date State trails Coordinator signs to September 30, 2014. Funds provided under this agreement shall not in any event exceed Twenty Thousand ($20,000.00) dollars. This sum shall be used only for the elements called for in the project scope. All projects will comply with the Americans with Disabilities Act of 1990. All work must comply with State and Federal guidelines rules, regulations, and laws. Additional guidelines and specifications for this agreement: • Project Coordination: The Department contact for this project is Steve Kubisiak, hereinafter referred to as the Coordinator. The Grantee will confer regularly with the Coordinator on the progress of this project. ▪ Payment: Where applicable, the Department agrees to reimburse the Grantee for authorized expenditures upon verification of actual expenditures up to 90 percent of the grant amount. The Department will pay the final 10 percent upon project completion and final audit. Total payment under this grant is not to exceed the actual costs or $20,000.00, whichever is less. Initial request for payment shall be made by completing Request for Grant Reimbursement, PR4121, (additional forms are available from the address at the end of this agreement). All requests for payment must be submitted quarterly and received by the Department no later than the 15 th of the month following the end of the quarter. A final request must be made by October 15, 2014 . Requests for payment must include copies of invoices and cancelled checks for all expenditures. • Fiscal Control and Accounting Procedures: In addition to the summary documentation submitted to the Department, the Grantee will maintain complete financial records. Documents required to be maintained for audit include: purchase orders, vouchers, authorized payments, and time records for individual employee(s) charged to this program. All financial records for this Grant will be retained by the Grantee until audit, or for a minimum of three (3) years, whichever is less. Records under audit will be retained until the audit is closed. • Procurement: The Grantee will use their own procurement procedures provided they reflect applicable state and local laws and regulations, to include low bidder competition bid process, as applicable. • Prevailing Wage and Fringe Benefits: Any sub-contractor performing work under this agreement must comply with the requirements of P.A. 166 of 1965. Page 1 012 PR4165-1 (Rev. 02/07/2013) • insurance: The Grantee will add the State of Michigan, Department of Natural Resources, as an additional insured party on Grantee's liability insurance policy. Proof of liability Insurance must be supplied to the State Trails Coordinator prior to the Department releasing any reimbursements for this grant. • Changes: From time to time changes may be needed in the scope or an extension of the project and the grant. All changes must be submitted in writing to the Coordinator and approved by the Department 45 days prior to September 30, 20 . Changes implemented prior to approval by the Department will not be eligible for reimbursement. • Audits: The project and related reports are subject to audit by the Department. This may include both financial audits and site visits. • Hold Harmless: Each party to this agreement will be responsible for its own negligent acts, including the acts of its officers, agents, and employees. • Right of Cancellation: This grant agreement may be cancelled by either party upon giving thirty (30) days' written notice to that effect to the other party. The individuals or officers signing on behalf of the parties to this Agreement certify by their signatures that they have read, understand and agree to comply with this Agreement, and have the authority to enter into this Agreement on behalf of the Grantee. DEPARTMENT COORDINATOR Printed Name: James Radabaugh Title: State Trails Coordinator Signature: GRANTEE'S REPRESENTATIVE(S) Printed Name: Michael J. Ginclell Signature: Printed Name: Signature: Printed Name: Signature: Date: Chairman, Oakland County Board Title: of Commissioners Date: Titie: Date: Title: Date: Please sign and return both copies to: PROGRAM SERVICES SECTION PARKS AND RECREATION DIVISION MICHIGAN DEPARTMENT OF NATURAL RESOURCES PO BOX 30257 LANSING MI 48909 A fully executed copy will be returned for Grantee's files to the address provided on page 1. 6 Michigan Department of Natural Resources Parks and Recreation Division MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR THE RECREATION IMPROVEMENT FUND This information is required by authority of Part 711 of Act 451 of 1994, as amended, to qualify for reimbursement. GRANT AGREEMENT NUMBER RIF 14-101 Grantee Oakland County — Parks and Recreation Attention Melissa Prowse Address 2800 Watkins Lake Rd. City, State, ZIP Waterford, Mi 48328 Telephone ( 248 ) 760-8360 Federal Employer Identification Number (FEIN) 38-6004876 It is expressly understood by and between the parties hereto that the proposal bears the above Grant Agreement Number and associated documents including all attachments, are by this reference made part of this understanding. All materials bearing this number constitute the entire understanding between the parties. An agreement is made between the MICHIGAN DEPARTMENT OF NATURAL RESOURCES (hereinafter called the Department; State Trails Coordinator, contracting officer) and the above-named Grantee for funding: Site construction work for safety education training facility including entry road, parking and riding challenge features. The project period shall be from date State trails Coordinator signs to September 30, 2014. Funds provided under this agreement shall not in any event exceed Twenty Thousand ($20,000.00) dollars. This sum shall be used only for the elements called for in the project scope. All projects will comply with the Americans with Disabilities Act of 1990. All work must comply with State and Federal guidelines rules, regulations, and laws. Additional guidelines and specifications for this agreement: • Project Coordination: The Department contact for this project is Steve Kubisiak, hereinafter referred to as the Coordinator. The Grantee will confer regularly with the Coordinator on the progress of this project. • Payment: Where applicable, the Department agrees to reimburse the Grantee for authorized expenditures upon verification of actual expenditures up to 90 percent of the grant amount. The Department will pay the final 10 percent upon project completion and final audit. Total payment under this grant is not to exceed the actual costs or $20,000.00, whichever is less. Initial request for payment shall be made by completing Request for Grant Reimbursement, PR4121, (additional forms are available from the address at the end of this agreement). All requests for payment must be submitted quarterly and received by the Department no later than the 15 th of the month following the end of the quarter. A final request must be made by October 15, 2014 . Requests for payment must include copies of invoices and cancelled checks for all expenditures. • Fiscal Control and Accounting Procedures: In addition to the summary documentation submitted to the Department, the Grantee will maintain complete financial records. Documents required to be maintained for audit include: purchase orders, vouchers, authorized payments, and time records for individual employee(s) charged to this program. All financial records for this Grant will be retained by the Grantee until audit, or for a minimum of three (3) years, whichever is less. Records under audit will be retained until the audit is closed. 6 Procurement: The Grantee will use their own procurement procedures provided they reflect applicable state and local laws and regulations, to include low bidder competition bid process, as applicable. • Prevailing Wage and Fringe Benefits: Any sub-contractor performing work under this agreement must comply with the requirements of P.A. 166 of 1965. 5 O Insurance: The Grantee will add the State of Michigan, Department of Natural Resources, as an additional insured party on Grantee's liability insurance policy. Proof of liability insurance must be supplied to the State Trails Coordinator prior to the Department releasing any reimbursements for this grant. • Changes: From time to time, changes may be needed in the scope or an extension of the project and the grant. All changes must be submitted in writing to the Coordinator and approved by the Department 45 days prior to September 30, 20 . Changes implemented prior to approval by the Department will not be eligible for reimbursement. • Audits: The project and related reports are subject to audit by the Department. This may include both financial audits and site visits. • Hold Harmless: Each party to this agreement will be responsible for its own negligent acts, including the acts of its officers, agents, and employees. O Right of Cancellation: This grant agreement may be cancelled by either party upon giving thirty (30) days' written notice to that effect to the other party. The individuals or officers signing on behalf of the parties to this Agreement certify by their signatures that they have read, understand and agree to comply with this Agreement, and have the authority to enter into this Agreement on behalf of the Grantee. DEPARTMENT COORDINATOR Printed Name: James Radabaugh Title: State Trails Coordinator Signature: Date: GRANTEE'S REPRESENTATIVE(S) Chairman, Oakland County Board Printed Name: Michael J. Gingen Title: of Commissioners Signature: Date: Printed Name: Title: Signature: Date: Printed Name: Title: Signature: Date: Please sign and return both copies to: PROGRAM SERVICES SECTION PARKS AND RECREATION DIVISION MICHIGAN DEPARTMENT OF NATURAL RESOURCES PO BOX 30257 LANSING Ml 48909 A fully executed copy will be returned for Grantee's files to the address provided on page 1. Page 2 of 2 PRA165-1 (Rev. 02107(2013) Helen Hanger From: Sent: To: Cc: Subject: Attachments: West, Catherine <westca@oakgov.com > Wednesday, June 11, 2014 5:07 PM Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis prowsem@oakgov.com; Jeff Phelps GRANT REVIEW: Parks and Recreation 2014 Recreation Improvement Fund - Grant Acceptance RIF14-101 MOU ORV safety training site work.docx; 14-06-06 2014 Aquisition Grant Proposal.pptx; Attachment L - Bedrock Express--License Agreement 2014-06-10,pdt Attachment L - Groveland Twp--License Agreement for The Dixie Gully Run (Final-06-10-14) (00901936-2).pdf GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE— Parks and Recreation 2014 Recreation Improvement Fund Michigan Department of Natural Resources Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: June 17, 2014 GRANT INFORMATION Date: June 11, 2014 Operating Department: Parks & Recreation Department Contact: Melissa Prowse Contact Phone: 248-249-2801 prowsemPoakgov.com Document Identification Number: REVIEW STATUS: Acceptance — Resolution Required Funding Period: June 2014 through September 2014 New Facility / Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None MWDBE Requirements: Funding Continuation/New: New Application Total Project Amount: $20,000 Prior Year Total Funding: N/A New Grant Funded Positions Request: None Changes to Current Positions: None Grantor Funds: $20,000 Total Budget: $50,000 Match and Source: $30,000 OCPRC PROJECT SYNOPSIS There is no "Application" for this project —the DNR sent the MOU (grant agreement) today after a series of phone conversations. The DNR is contributing $20,000 toward an ORV safety/training and demonstration area being developed in partnership with the DNR, Groveland Township and a local gravel mining company. The property is owned by the local gravel mining company. The facility was originally (and still is) being developed as a demonstration site for ORV recreation opportunities in Oakland County. Oakland County Parks and Recreation is coordinating the effort to construct an ORV recreation facility for a series of demonstration events over the course of the next year, with a budget estimate of $50,000 for the site work. The DNR is partnering with OCPR on this effort and is contributing $20,000 toward the site work costs, via the Recreational Improvement Fund (grant program), so they can utilize the site for ORV training exercises, The DNR also has in a grant application to the Michigan Natural Resources Trust Fund for $2.9 million to purchase up to 400 acres of adjoining property to then lease to OCPRC to create a full Adventure Recreation Complex, including an ORV park, hence the desire by all parties to hold this series of "test" or "demonstration" events. ADDITIONAL NOTES FROM MELISSA PROWSE: There are hundreds of pages of research, surveys, drawings, budgets and other data available on this project. If there is specific information needed, please let me know. Attachment L Bedrock Express and Attachment L Groveland Twp. — for informational purposes only, not part of the grant acceptance Attached PowerPoint slides - The area marked "Demonstration Event Area" is for this project. The "Proposed Phase I and II Development" areas are part of the $2.9 million DNR application. The demonstration event area may eventually, long term, be leased to OCPR as part of an overall Adventure Recreation park. But at this point, it is not a part of the larger ($2.9M) DNR grant application, RM/Bob —the DNR is aware that we cannot list them as "Additional Insured" and that OC is self-insured. They are looking into removing that language or modifying it — as soon as I hear back, I will forward their response to you. Katie West Oakland County Fiscal Services Phone (248) 858-2384 Fax (248) 858-9724 westca@oakgov.com Work Schedule: Monday —Thursday 7:30AM —6:00PM 2 License Agreement For The Dixie Gully Run "LICENSOR": Groveland Township, a Michigan municipal corporation, with a mailing address of: 4695 Grange Hall Road, Holly, MI 48442. Licensor hereby grants a license for use of its property (as described in Section 1.1) pursuant to the terms and conditions of this license agreement for The Dixie Gully Run ("Agreement") to: "LICENSEE": The County of Oakland, by and through its statutory agent, the Oakland County Parks and Recreation Commission, with a mailing address of: 2800 Watkins Lake, Road, Waterford, Michigan 48328 (Contact Person: Jon Noyes, Telephone Number: 517.449.6900 E- Mail Address: novesi@oakgov.com ) The Licensor and Licensee (hereinafter also referred to as the ("Parties") agree as follows: 1. Use of Licensor's Property. Licensee may only use the property (described below) for the purposes set forth in this Agreement. 1.1. The property subject to this Agreement is set forth and illustrated in Exhibit A ("Property"). Exhibit A is incorporated by referenced into this Agreement. 1.2. The Property will be used for an Off-Road Vehicle ("ORV") competition or competitions called the "The Dixie Gully Run" ("Event"). The Event will include an obstacle course and other features for ORVs to drive over, and will include a lunch provided for the participants. 1.3. If the Licensee desires more than one Event at the Property before the Termination Date, the Licensee shall seek and obtain the prior written permission from Licensor for any additional Event. 1.4. This Agreement shall begin on August 1, 2014 ("Effective Date"), and notwithstanding a license generally being terminable at the will of the licensor, and presuming no default by the Licensee in performance of any of the terms and conditions of this Agreement, which may cause the license to be immediately revoked, it shall end on November 28, 2014 ("Termination Date"). 1.5. Given that, Licensee is a governmental entity and that this Event will benefit Licensor, there is no fee for use of the Property for the Event. 1.6. Licensee shall not place any signs or advertisements on or about the Property without the prior written consent of Licensor, 1.7. Licensee shall keep the Property and anything stored thereon in good order and repair and in a clean, safe, and healthful condition. 1,8. Licensee shall not make any alternations, additions, or changes to the Property, unless prior written approval is given by Licensor. ATTACHMENT L; Page 1 of 5 Final Version-06-10-2014 00901936-2 7 1.9. Licensee acknowledges that it had the opportunity to inspect the Property and accepts the Property HAS IS". 1.10. On the Termination Date, Licensee shall leave the Property in the same that Licensee found it and clean of all rubbish. 1.11. Licensee shall remove of all of its personal property within seven (7) days of the Termination Date at its own cost and expense. If Licensee does not remove its personal property within the seven (7) day period, Licensor may dispose of it and bill Licensee for any costs or expenses associated with the disposal. 2. Licensee Responsibilities. 2.1. A licensed architect, under contract with the Licensee, shall do the following: (1) design the obstacle course and the features for the ORVs to drive over and (2) prepare all designs or plans that are required for any permits and governmental approvals or authorizations for the Event. Licensee shall pay for the services of the licensed architect. 2.2. Licensor is informed that the Licensee has a contract with another entity regarding the construction of the obstacle course and all other features involved in the Event and that Licensee has a contract with that same entity regarding the destruction and/or removal of the obstacle course and all other features involved in the Event promptly after the Termination Date. 2.3. Licensee shall require all Event participants to execute a comprehensive waiver of liability agreement applying to the Licensor and its officials, members, employees, agents, representatives, and/or volunteers. 2.4. Licensee and all persons performing work on behalf of Licensee shall not in any manner hold themselves out to be officials, employees, agents, representatives, and/or volunteers of or for the Licensor. 2.5. Licensee shall be responsible for all other aspects of the Event. 3. Licensor Responsibilities. Licensor shall have no responsibilities with respect to the Event. 4. Servicennark. 4.1. The Licensee asserts that it has filed for servicemark registration with the United States Patent and Trademark Office the name/phrase, "The Dixie Gully Run." 4.2. Upon registration by the United States Patent and Trademark Office, the Licensee shall permit Licensor to use the name "The Dixie Gully Run". This permission shall cease and Licensor shall no longer have the right to use this name after the Termination Date. ATTACHMENT L; Page 2 of 5 Final Version-06-10-2014 00901936-2 8 4.3. Licensor acknowledges that except as provided herein, it has no rights, title and interest in the name "The Dixie Gully Run". The right, title and interest to this name are only with Licensee. 5. Insurance/Liability. 5.1. Damage to Licensee Property. Licensee shall be solely liable and responsible for any and all property loss or damage resulting from fire, theft, accident or intentional conduct and/or other means to Licensee's personal property located, kept, or stored on the Property during Licensee's use of the Property. 5.2. Insurance. Licensee shall obtain and maintain a policy or policies of comprehensive personal injury, liability, and property insurance insuring the Licensor under this Agreement for all Events and throughout term hereof until the Termination Date and any residual activity at the Property related to this Agreement after the Termination Date, in amounts and under terms acceptable to Licensor, for the initial Event and also for all other Events as may be approved in writing by Licensor before the Termination Date. The following entities and individuals shall be made an additional named insureds on all insurance policies: Licensor, and its officials, members, employees, agents, representatives, and/or volunteers. 5.3. This Agreement does not and is not intended to impair, divest, or contravene any constitutional, statutory or other right, privilege, power, obligation, duty or immunity of Licensee. 6. Compliance with Law. Licensee, including its employees, agents, representatives, volunteers, invitees, and subcontractors shall comply with all applicable federal, state, and local laws, regulations and ordinances, and the requirements of this Agreement. 7. No Interest in Property. Licensee shall have no title interest in and/or to the Property or any portion thereof and has not, does not, and will not claim any such title or any easement over the Property. This Agreement and/or any related affidavit or instrument shall not be recorded with the Oakland County Register of Deeds. The Licensor shall consider any such recording to be a slander of title. 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. Notwithstanding the foregoing, this Agreement is personal, and Licensee shall not assign any portion of this Agreement without the prior written consent of the Licensor. 9. Waiver. The failure of either Party to enforce and expect strict performance of any term or condition in this Agreement shall not be construed as a waiver or relinquishment, but the same shall be and remain in full force and effect. No term or condition of this Agreement shall be deemed to have been waived by either Party, unless such waiver is in writing. ATTACHMENT L; Page 3 of 5 Final Version-06-10-2014 00901936-2 9 10. Amendments. This Agreement cannot be modified unless reduced to writing and signed by all Parties. 11. Severabilitv. If any term or condition of this Agreement or the application thereof is deemed to be invalid or unenforceable, the remainder of this Agreement shall not be affected and this Agreement shall be valid and enforceable to the fullest extent permitted by law, unless removal of such term or condition materially alters the basic intent of the Parties in executing this Agreement. 12. Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan, and enforced by a court of competent jurisdiction in Oakland County, Michigan. 13. Counterparts. This Agreement may be executed in one or more counterparts, including facsimile copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 14. Entire Agreement. This Agreement sets forth all promises, agreements, conditions and understandings between the Parties concerning the use of the Property and there are no other promises, agreements, conditions or understandings, either oral or written, between the Parties. 15. The Parties represent and warrant that their respective signatories have the requisite authority to execute and presently bind the principal Parties to the duties and responsibilities contained herein. ATTACHMENT L; Page 4 of 5 Finai Version-06-10-2014 00901936-2 10 APPROVED AND AUTHORIZED BY LICENSEE: NAME: Gerald A. Fisher Chairperson, Oakland County Parks and Recreation Commission DATE: SIGNATURE WITNESS: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY THE LICENSOR: NAME: TITLE: DATE: SIGNATURE WITNESS: NAME: TITLE: DATE: SIGNATURE ATTACHMENT L; Page 5 of 5 Final Version-06-10-2014 00901936-2 11 License Agreement For The Dixie Gully Run "LICENSOR": Bedrock Express Limited, 1290 North Ortonville Road, Ortonville, Michigan 48462. Licensor hereby grants a license for use of its property (as described in Section 1.1) pursuant to the terms and conditions of this license agreement for The Dixie Gully Run ("Agreement") to: "LICENSEE": The County of Oakland, by and through its statutory agent, the Oakland County Parks and Recreation Commission, with a mailing address of: 2800 Watkins Lake, Road, Waterford, Michigan 48328 (Contact Person: Jon Noyes, Telephone Number: 517.449.6900 E- Mail Address: noyesPoakgov.com ) The Licensor and Licensee (hereinafter also referred to as the ("Parties") agree as follows: 1. Use of Licensor's Property. Licensee may only use the property (described below) for the purposes set forth in this Agreement. 1.1. The property subject to this Agreement is set forth and illustrated in Exhibit A ("Property"). Exhibit A is incorporated by referenced into this Agreement, 1.2. The Property will be used for an Off-Road Vehicle ("ORV") competition or competitions called the "The Dixie Gully Run" ("Event"). The Event will include an obstacle course and other features for ORVs to drive over, and will include a lunch provided for the participants. 1.3. If the Licensee desires more than one Event at the Property before the Termination Date, the Licensee shall seek and obtain the prior written permission from Licensor for any additional Event. 1.4. This Agreement shall begin on August 1, 2014 ("Effective Date"), and notwithstanding a license generally being terminable at the will of the licensor, and presuming no default by the Licensee in performance of any of the terms and conditions of this Agreement which may cause the license to be immediately revoked, it shall end on November 28, 2014 ("Termination Date"). 1.5. Given that Licensee is a governmental entity, there shall be no fee for use of the Property for the Event. 1.6. Licensee shall not place any signs or advertisements on or about the Property without the prior written consent of Licensor. 1.7. Licensee shall keep the Property and anything stored thereon in good order and repair and in a clean, safe, and healthful condition. ATTACHMENT L; Page 1 of 5 Final Version-06-10-14 00901936-2 12 1.8. Licensee shall not make any alternations, additions, or changes to the Property, unless prior written approval is given by Licensor. 1.9. Licensee acknowledges that it had the opportunity to inspect the Property and accepts the Property "AS IS". 1.10. On the Termination Date, Licensee shall leave the Property in the same than Licensee found it and clean of all rubbish. 1.11. Licensee shall remove of all of its personal property within seven (7) days of the Termination Date at its own cost and expense. If Licensee does not remove its personal property within the seven (7) day period, Licensor may dispose of it and bill Licensee for any costs or expenses associated with the disposal. 2. Licensee Responsibilities. 2.1. A licensed architect, under contract with the Licensee, shall do the following: (1) design the obstacle course and the features for the ORVs to drive over and (2) prepare all designs or plans that are required for any permits and governmental approvals or authorizations for the Event. Licensee shall pay for the services of the licensed architect. 2.2. The Parties acknowledge that Licensee has a separate contract with Licensor for the construction of the obstacle course and features for the ORV's to drive over and for the removal of the same after the Termination Date 2.3. Licensee shall require all Event participants to execute a comprehensive waiver of liability agreement applying to the Licensor; Licensee; 1-75 Aggregates, LLC; B.L.B., LLC; Barry Bass, individually, and their respective officials, members, employees, agents, representatives, and/or volunteers. 2.4. Licensee and all persons performing work on behalf of Licensee shall not in any manner hold themselves out to be officials, employees, agents, representatives, and/or volunteers of or for the Licensor. 2.5. Except as otherwise expressly stated herein, Licensee shall be responsible for all other aspects of the Event. 3. Licensor Responsibilities. Licensor shall obtain, with the assistance of Licensee, all necessary permits and other governmental approvals or authorizations that are necessary for the Event. The Licensee shall promptly pay for or reimburse Licensor for the permits, approvals and authorizations. 4. Service Mark. 4.1. The Licensee asserts that it has filed for service mark registration with the United States Patent and Trademark Office the name/phrase, "The Dixie Gully Run." ATTACHMENT L; Page 2 of 5 Final Version-06-10-14 00901936-2 13 4.2. Upon registration by the United States Patent and Trademark Office, the Licensee shall permit Licensor to use the name "The Dixie Gully Run". This permission shall cease and Licensor shall no longer have the right to use this name after the Termination Date. 4.3. Licensor acknowledges that except as provided herein, it has no rights, title and interest in the name "The Dixie Gully Run". The right, title and interest to this name are only with Licensee. 5. Insurance/Liability. 5.1. Damage to Licensee Property. Licensee shall be solely liable and responsible for any and all property loss or damage resulting from fire, theft, accident or intentional conduct and/or other means to Licensee's personal property located, kept, or stored on the Property during Licensee's use of the Property. 5.2. Insurance. Licensee shall obtain and maintain a policy or policies of comprehensive personal injury, liability, and property insurance insuring the Licensor under this Agreement for all Events and throughout term hereof until the Termination Date and any residual activity at the Property related to this Agreement after the Termination Date, in amounts and under terms acceptable to Licensor, for the initial Event and also for all other Events as may be approved in writing by Licensor before the Termination Date. The following entities and individuals shall be made an additional named insureds on all insurance policies: All Licensors, Licensee; 1-75 Aggregates, LLC; B.L.B., LLC; Barry Bass, individually, and all of the respective insured's officials, members, employees, agents, representatives, and/or volunteers. 5.3. This Agreement does not and is not intended to impair, divest, or contravene any constitutional, statutory or other right, privilege, power, obligation, duty or immunity of Licensee. 6. Compliance with Law. Licensee, including its employees, agents, representatives, volunteers, invitees, and subcontractors shall comply with all applicable federal, state, and local laws, regulations and ordinances, and the requirements of this Agreement. 7. No Interest in Property. Licensee shall have no title interest in and/or to the Property or any portion thereof and has not, does not, and will not claim any such title or any easement over the Property. This Agreement and/or any related affidavit or instrument shall not be recorded with the Oakland County Register of Deeds. The Licensor shall consider any such recording to be a slander of title. 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. Notwithstanding the foregoing, this Agreement is personal, and Licensee shall not assign any portion of this Agreement without the prior written consent of the Licensor. ATTACHMENT L; Page 3 of 5 Final Version-06-10-14 00901936-2 14 9. Waiver. The failure of either Party to enforce and expect strict performance of any term or condition in this Agreement shall not be construed as a waiver or relinquishment, but the same shall be and remain in full force and effect. No term or condition of this Agreement shall be deemed to have been waived by either Party, unless such waiver is in writing. 10. Amendments. This Agreement cannot be modified unless reduced to writing and signed by all Parties. 11. Severabilitv. If any term or condition of this Agreement or the application thereof is deemed to be invalid or unenforceable, the remainder of this Agreement shall not be affected and this Agreement shall be valid and enforceable to the fullest extent permitted by law, unless removal of such term or condition materially alters the basic intent of the Parties in executing this Agreement. 12. Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan, and enforced by a court of competent jurisdiction in Oakland County, Michigan. 13. Counterparts. This Agreement may be executed in one or more counterparts, including facsimile copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 14. Entire Agreement. This Agreement sets forth all promises, agreements, conditions and understandings between the Parties concerning the use of the Property and there are no other promises, agreements, conditions or understandings, either oral or written, between the Parties. 15. The Parties represent and warrant that their respective signatories have the requisite authority to execute and presently bind the principal Parties to the duties and responsibilities contained herein. ATTACHMENT L; Page 4 of 5 Final Version-06-10-14 00901936-2 15 APPROVED AND AUTHORIZED BY LICENSEE: NAME: Gerald A. Fisher Chairperson, Oakland County Parks and Recreation Commission DATE: SIGNATURE WITNESS: NAME: TITLE: DATE: SIGNATURE APPROVED AND AUTHORIZED BY THE LICENSOR: NAME: TITLE: DATE: SIGNATURE WITNESS: NAME: TITLE: DATE: SIGNATURE ATTACHMENT L; Page 5 of 5 Final Version-06-10-14 00901936-2 16 prw, pamorr.. -Meru T 1 Ng!' VP151-!-rr4 WA - 7.7 ' • Grovela OaksedpiatV Park = -= MDNR Proposed Acquisition _ k2Y. (0CPRC Proposed Lease) - Hay State Recreation Area ' OCPRC Proposed Lease Agreement MDNR Proposed' Acquisition (0CPRC Proposed Lease Grange rldli .1.11111m.A. 2014 MNRTF Acquisition Grant — Groveland-Holly Adventure Recreation Park Operational Concept Fni.4.11•9k, 77/11sxna'rrPirmasp 11PNO 117-1 r • r r O. • Residential. • Acquisition 14 acres 1 •as' 'R\'‘ se6. toC° e Grovel-and Oaks County Par -."-T \ ..,„,. . City- ', 7 acrei Bedrock Mine ", and COrnOpst . 41 acres (Proposed Future tea, . .-:.. z ir Th,:2M,7,1; " Acquisitiori 33.4 acres acm-, 101 2014 MNRTF Acquisition Grant — Groveland-Holly Adventure Recreation Park Acquisition Strategy $20,000 $20,000 FISCAL NOTE (MISC. #14179) July 31, 2014 BY: Finance Committee, Tom Middleton, Chairperson IN RE: PARKS AND RECREATION COMMISSION —2014 MICHIGAN DEPARTMENT OF NATURAL RESOURCES RECREATION IMPROVEMENT FUND GRANT ACCEPTANCE 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 has been notified and has accepted the award of the RIF14-101 Off-Road Vehicle (ORV) Training and Demonstration Site Development Work Grant in the amount of $20,000 from the Recreation Improvement Program, administered by the Michigan Department of Natural Resources, 2. Grant award will offset the cost of site development and earth work to develop a training and demonstration facility for ORV recreational opportunities in Oakland County. 3. The FY 2014 budget is amended as follows: Parks and Recreation Fund #50800 Revenue 5060101-160000-650104 Contributions Operating Total Revenues FY 2014 $20,000 $20,000 Expenditures 5060101-160000-730814 Grounds Maintenance Total Expenditures FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Matis absent. Resolution #14179 July 31, 2014 Moved by Weipert supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). 4"-/-1• 1 HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 July 31, 2014, with the original 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 31 st day of July 2014. /7.11)1L--- Lisa Brown, Oakland County