HomeMy WebLinkAboutResolutions - 2004.10.07 - 27656REPORT (misc. #04289)
BY: Planning and Building Committee, Charles Palmer, Chairperson
RE: Parks and Recreation - Support For the Acceptance of the Donation of the Ellis
Barn for Relocation to Springfield Oaks County Park as Documented in the Ellis
Barn Donation Agreement
TO: The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above mentioned
resolution on September 28, 2004, recommends approval of the resolution with the
following amendments:
The Fourth and Fifth Whereas paragraphs to read:
WHEREAS the purpose of said Donation Agreement is to secure the public
ownership of the Ellis Barn
Center at Springfield Oaks that will to provide recreational opportunities for all residents
of Oakland County; and
WHEREAS the receipt of the Ellis Barn and its relocation to Springfield Oaks
4s-pa4-gf-an--E-4-04444r-ia4-Contor meets the goals and objectives of the Oakland County
Recreation Master Plan - February 6, 2002; and
Chairperson, on behalf of the Planning and Building Committee, I submit the
foregoing report.
Planning and Building Committee
Planning & Building Committee vote:
Motion carried on a unanimous roll call vote
REPORT (MISC. 104289) October 7, 2004
FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: PARKS AND RECREATION - SUPPORT FOR THE ACCEPTANCE OF THE
DONATION OF THE ELLIS BARN FOR RELOCATION TO SPRINGFIELD
OAKS COUNTY PARK AS DOCUMENTED IN THE ELLIS BARN DONATION
AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee having reviewed the above referenced
resolution recommends the following amendmentS:
1. NOW THEREFORE BE 17 RESOLVED that the Oakland County Board
of Commissioners authorizes the Parks and Recreation
Commission to accept said donation Agreement as stated
above, with said monies for this project to come from Parks
and Recreation funds-and funds awarded as a result of grant
applications.
2. Add a second BE IT FURTHER RESOLVED paragraph as follows:
BE IT FURTHER RESOLVED that authorization for the Parks and
Recreation Commission to accept said Donation Agreement is
contingent upon amendment of the Parks and Recreation
Commission Capital Improvement Plan to delete the reference
to the Board of Commissioners donation.
Chairperson, on behalf of the Finance Committee I move acceptance
of the foregoing report.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION #04289 October 7, 2004
BY: GENERAL GOVERNMENT COMMITTEE, William R. Patterson, Chairperson
IN RE: PARKS AND RECREATION — SUPPORT FOR THE ACCEPTANCE OF THE
DONATION OF THE ELLIS BARN FOR RELOCATION TO SPRINGFIELD OAKS
COUNTY PARK AS DOCUMENTED IN THE ELLIS BARN DONATION AGREEMENT
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission on September
8, 2004 approved the Donation Agreement with RBI 33, LLC for the Ellis Barn; and
WHEREAS the Oakland County Parks and Recreation Commission has supported
the relocation of the historic barn to the 4-H Fairground at Springfield Oaks County Park;
and
WHEREAS the Oakland County Parks and Recreation Commission has, on behalf
of the Road Commission for Oakland County, successfully secured funding through the
Michigan Department of Transportation's Transportation Enhancement Program; and
WHEREAS the purpose of said Donation Agreement is to secure the public
ownership of the Ellis Barn and to facilitate its rehabilitation as part of an Equestrian
Center at Springfield Oaks that will provide recreational opportunities for all residents of
Oakland County; and
WHEREAS the receipt of the Ellis Barn and its relocation to Springfield Oaks as part
of an Equestrian Center meets the goals and objectives of the Oakland County Recreation
Master Plan — February 6, 2002; and
WHEREAS Miscellaneous Resolution #83204 requires that gift donations with a
value of $10,000.00 or more, with no match or other financial obligations to the County, be
reviewed by the department's/division's Liaison committee, acknowledged by the Board of
Commissioners by signed resolution, accounted for in the appropriate departmental
donation account, and recorded as a general fixed County asset.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Parks and Recreation Commission to accept said Donation
Agreement as stated above, with said monies for this project to come from Parks and
Recreation funds and funds awarded as a result of grant applications.
BE IT FURTHER RESOLVED that if Oakland County is unable to successfully
procure grants, and/or if other funding necessary to accomplish the relocation of the Barn
to Springfield Oaks County Park are not successful or appropriated, then title to the Barn
shall revert back to the Donor and the Agreement shall be null and void.
Chairperson, on behalf of the General Government Committee, I move the adoption
of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried on a roll call vote with Hatchett absent.
1.1
1.2
1.3
DONATION AGREEMENT
This Agreement made and entered into this day of , 2004, by and between
RBI 33, LLC, a Michigan Limited Liability Company, whose address is 15135 Charlevoix, Grosse
Pointe Park, Michigan 48230 (hereinafter Donor) and the County of Oakland, a Michigan Municipal
and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereinafter
County) for the donation and transfer of all rights, title and interest in property described as the "Ellis
Barn", as described below, (hereinafter Barn) currently in place on property owned by Donor in the
Township of Springfield, County of Oakland, State of Michigan.
Whereas, the Donor desires to donate the Barn to the County of Oakland for use by its Parks
and Recreation Commission for the purposes of preserving it and it's attached structures as an
historical building for the benefit of future generations; and,
Whereas, the County of Oakland desires to accept the Barn and has applied to the State of
Michigan and the United States Department of Transportation for grants to accomplish the relocation
of the Barn to Springfield Oaks County Park in Springfield Township;
Therefore, in consideration of the mutual benefits and other good and valuable consideration
exchanged between Donor and County, Donor agrees to donate and County agrees to accept the Ellis
Barn upon the following terms and conditions.
1. DONATED PROPERTY
Donor agrees to donate to County a structure known as the Ellis Barn (described as a
Madawaska Twin-design barn) for the purpose of having said Barn removed from
Donor's property and relocated to Springfield Oaks County Parks at a site to be
determined by the Parks and Recreation Commission in conjunction with the
Michigan Department of Transportation.
The donated property consists of the Barn, the attached stallion building and the stone
portion of the ramps leading to the main floor of the Barn as necessary to reconstitute
the ramp in as authentic a manner as possible.
In order to assist in the removal and relocation of the Barn, Donor pledges to
contribute Seventy-five Thousand Dollars ($ 75,000.00) to the Parks and Recreation
Commission, Ten Thousand Dollars ($10,000.00) of which is acknowledged as
received by the Commission.
2. TITLE TO PROPERTY
2.1 Title to the Barn, its structures, and the foundation materials attached to the Barn that
are necessary to relocate the Barn in an authentic manner to Springfield Oaks County
Park, and the items listed in Attachment "A" shall pass to County upon execution of
this document by Donor and County.
2.2 Upon transfer of title to the Barn, County shall provide Donor with the insurance
requirements as stated in Paragraph 6.
2.3 If County is unable to successfully procure grants, and/or if other funding necessary to
accomplish the relocation of the Barn to Springfield Oaks County Park is not
forthcoming or appropriated, then title to the Barn shall revert back to Donor and this
1
Agreement shall be null and voichDonor and County agree to execute any and all
documents deemed necessary to accomplish this reversion. If reversion does not
occur within six months of the signing of this Agreement, then reversion can only
occur if the six-month period is extended for 60 days by written agreement of the
Parties. The County, RCOC and their Contractor will not come onto the site to remove
the Barn until the possibility of reversion no longer exists. County will inform Donor
in writing when the possibility of reversion no longer exists.
2.4 If title to the Barn reverts to Donor pursuant to paragraph 2.3, then Donor's pledge of
$75,000.00 will be extinguished and forgiven in the amount Donor was committed to
contribute beyond any amount already contributed. Donor will not be reimbursed for
any amount of the pledge contributed to County prior to reversion of the Barn to
Donor.
3. ACCESS TO DONOR'S PROPERTY BY COUNTY
3.1 Donor hereby grants to County and County hereby accepts a temporary easement over
Donor's property described in Attachment "B" and "B-1" for the purposes of
maintaining the Barn on Donor's property until such time as removal can occur, and
for the purposes of allowing access to the Donor's property by the contractor hired by
the Road Commission for Oakland County (RCOC) to dismantle and remove the
Barn, County staff, County agents, agents of the United States Government, including
but not limited to agents of the Department of Transportation, Department of the
Interior, and the Federal Highway Administration (FHWA), and agents of the State of
Michigan, in order to effectuate the removal and transportation of the Barn from
Donor's property to Springfield Oaks County Park.
3.2 This temporary easement will be in effect from the date title to the Barn passes to
County and will expire on the date the Barn structure and selected foundation
materials attached to the Barn are finally removed from Donor's property, or upon
reversion of the Barn to Donor. It is agreed between the Parties that this Agreement,
along with Attachment "B" & "B-1" shall serve as a written instrument evidencing
said easement, and can be recorded or attached to another document to be recorded, as
necessary.
3.3 If the County records the temporary easement, then upon completion of the final
removal of the Barn structure and selected foundation materials attached to the Barn,
or upon reversion of the Barn to Donor, the County will promptly file with the
Register of Deeds a document sufficient to extinguish the temporary easement. If
County does not promptly file such a document following the completion or revision
then Donor will have the right to file a document evidencing the fact that the project is
completed, or that the Barn has reverted to Donor, and there is no longer any necessity
for the temporary easement and the easement is extinguished. Such a document filed
by the Donor/grantor shall have the same effect as if filed by the County/grantee, and
will extinguish the temporary easement.
4. USE OF DONOR'S PROPERTY BY COUNTY
4.1 It is agreed between Donor and County that County can use the temporary easement
over Donor's property to dismantle and store portions of the Barn while it is being
2
removed from the Donor's property; to allow RCOC's contractor to use and move
heavy equipment over the easement necessary for the dismantling and removing of the
Barn from the site; to allow RCOC's contractor to clean up the site pursuant to
Paragraph 5 herein; and for any other purpose connected with the dismantling and
removal of the Barn from Donor's property. Damage by the contractor to Donor's
property outside of the temporary easement or damage with in the temporary easement
that is not contemplated by this agreement will be the responsibility of the contractor.
SITE CLEAN-UP
5.1 County will not be responsible for restoration of the easement area (or any other area
used by County) to the condition it was in prior to County beginning the dismantling
and removal process. In the event contractor does not clean up the temporary easement
as required by the Specifications to the RCOC Agreement with its contractor, the
County will fulfill that obligation. County will take reasonable precautions to prevent
unnecessary damage to the temporary easement area and Donor's property. County
will not be responsible for removing or cutting back to grade the earthen ramps that
will remain after the Barn has been removed.
5.2 County will be responsible for the electricity and the water necessary to effectuate the
removal of the Barn. Donor agrees that County may attach a separate meter to the
electric service available on Donor's property for billing purposes. The meter will be
removed when the relocation process is completed. County may utilize the water
supply available on Donor's property and will pay Donor any costs associated with
utilization of that water supply.
INSURANCE
6.1 County will provide Donor with a certificate of self-insurance evidencing County's
responsibility for the liability County has while the Barn remains on Donor's property
after transfer of title, and for the liability county has arising from the use of Donor's
property during the removal and relocation of the Barn from Donor's property.
7. USE OF WORDS
7.1 The pronouns and relative words used in this Donation Agreement shall be read
interchangeably in the masculine, feminine or neutered, singular or plural, as the
Agreement requires.
8. SEVERABILITY
8.1 If a term, condition, or provision of this Agreement is found by a Court of competent
jurisdiction to be invalid, unenforceable, or to violate or contravene federal or state
law, then the term, condition, or provision shall be deemed severed from this
Agreement; all other terms, conditions, and provisions shall remain in full force and
effect.
3
3Ocr.-1, rn Pr-v‘c.
DATE:
Signed and sworn to before me this /0 btelay of
Manager, RBI 33, LLC, a Michigan Limited Liability
9. CHOICE OF LAW
9.1 This Agreement shall be governed by and construed in accordance with the laws of
the state of Michigan that are applied to contracts made and to be performed in this
state. Venue in any disputes shall be the Oakland County Circuit Court, the 52nd
District Court Second Division, or the United States District Court for the Eastern
District of Michigan, Southern Division, unless this paragraph violates any provisions
of the Michigan Court Rules or the United States Code.
10. ENTIRE AGREEMENT
10.1 This document contains the entire Agreement of parties and supercedes all prior
Agreements, oral or written between them. It may not be modified, changed, or
altered, unless reduced to writing and signed by each of the parties hereto.
11. AUTHORITY TO EXECUTE DOCUMENTS
The Parties hereto will provide the appropriate resolutions indicating that the
individuals signing this Agreement have the requisite authority to do so. The
resolutions shall be included as Attachments C & D hereto.
11.1
WITNESSED BY: DONOR:
RBI 33, LLC, a Michigan Limited Liability
Corporation
Votary Public, State of Michigan, County of
Acting in the County of JOCELYN F. PRICErunup OAXI.Aj40 co ii My Commission expires: PAY COMMISSION EXPIRES JuI4:2000
WITNESSED BY: RECIPIENT, COUNTY OF OAKLAND
DATE: By: Thomas A. Law, Chairperson
Oakland County Board of Commissioners
4
Signed and sworn to before me this day of , 2004, by Thomas A. Law
Chairperson, Oakland County Board of Commissioners.
Notary Public, State of Michigan, County of
Acting in the County of
My Commission expires:
N: \TEMPFILMI number \2004 12004-0300 Mai 2004-0399\2004-0327 Ellis Barn - Donation Agreement & Bill of SaleTinal Ellis Barn Donation
Agreement.cloc
5
FILE No.195 09/28 '04 16:27 ID:LANIER 5112MFD PAGE 2 FAX :912488581683 0
ATTACHMENT "A"
ANTIQUE ITEMS IN THE ELLIS BARN
Note: Some of these items are attached to the barn (roof, stalls, etc.) and a couple are outside in
the barnyard. Survey taken 1-30-03
7 pulleys
3 hay carrys
3 hay tracks
set of hay forks
walk-behind, 1 bottom, horse drawn plow
"The Clipper" grain cleaner — non working
118File (set is not complete)
3 eveners
parts of a hay carry
harness hook
grooming brush and rubber curry comb
hay rake
road drag
3 name plates with horse and owner's name
wall saddle rack
wall-mount bridle rack
quantity old used horseshoes
Walking Horse hoof pads
platform settle and 4 weights (112, 1, 2, 2)
4 metal hay racks
door hardware
2 door rollers (parts for over-door)
green blackboard
parts of pot-bellied stove
several old bottles and vet supplies
old flat shovel
ITEMS IN THE STALLION BARN:
automatic waterers
parts of:
sickle bar mower
spring-tooth barrow
drag
part of a hand rake
Jars to enclose light bulbs
FILE No.195 09/28 .'04 16:27 ID:LANIER 5112MFD FAX:912488581683 0 PAGE 3
ATTACHMENT "B"
Description of Staging Area
Ellis Barn Relocation
9331 Dixie Highway
Part of the Southeast 1/4 of Section 14, T4N, R8E, Springfield Twp., Oakland County,
Michigan. more particularly described as commencing at the South 1/4 corner of Section
of 14; thence N 02D 08' 45" W along the North-South 1/4 line of said Section 14, 463.78-
ft to the centerline of Old Pond Road (49,5-11.•right of way per plat, 86-11. wide
proposed); thence N 25° 43' 25" E along said centerline, 1,186.03-11.; thence S 60" 34'
55" E along the South line of lots 14 & 15 of "Supervisor's Plat No, 6 1 , Liber 54.A of
Plats Page 85, Oakland County Records, 351.68-ft.; thence N 26' 25' 45" E along the
East line of Lot 15 of "Supervisor's Plat No. 6", 291.45-ft.; thence S 58' 07 55" r, along
the South line of lot 15, 27,78-ft; thence N 26' 22' 35" E along the East line of Lot 15,
I ll :84-ft. to the South right of way line of Dixie Hwy. (120-11, wide right of way); thence
S 59° 20' 08" E along said right of way . line 197-ft. to the Point of Beginning; thence
continuing S59° 20' 08" E along said right of way line 40-ft. to a point; thence
Southwesterly perpendicular to the said South right of way line of Dixie Hwy. Li :distance
of 15-ft, to a point; thence 559° 20' 08" E parallel to the south right of way line of Dixie
Hwy. 65-11.; thence S 01° 56' 28" E parallel with the West tine of the Design Tech Office
Park Condominium Plan No. 932, 180-ft to a point; thence Southwesterly perpendicular
to the South right of way line of Dixie Hwy. a distance Of 120-ft. to a point; thence
Northwesterly parallel to the South right away line of Dixie Hwy. a distance of 365-ft.;
theme Northeasterly perpendicular to the South right of way line. of Dixie Hwy, 220-ft to
a point; thence S 59° 20' 08" E parallel to the right of way line of Dixie fIwy, 20-ft, to a
point; thence S 26° 22' 35" W 30 -ft, thence S 59° 20' 08" E parallel to the right of way
Line of Dixie Hwy. 135-ft. to a point; Northeasterly to the point of beginning. Pan of
parcel no. 07-14-451-005.
N1118/31/04
FILE No.195 09-'28'04 16:27 ID:LANIER 5112MFD F4:9124$8581683 0 PAGE 4
ATTACHMENT "13-1"
FISCAL NOTE (MISC. 104289) October 7, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: PARKS AND RECREATION - SUPPORT FOR THE ACCEPTANCE OF THE
DONATION OF THE ELLIS BARN FOR RELOCATION TO SPRINGFIELD OAKS COUNTY
PARK AS DOCUMENTED IN THE ELLIS BARN DONATION AGREEMENT
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 resolution and finds:
1. Oakland County Parks and Recreation Commission approved the
Donation Agreement with RBI 33, LLC for the Ellis Barn on
September 8, 2004 of $75,000 and in-kind contributions.
2. Oakland County Parks and Recreation Commission has, on
behalf of the Road Commission for Oakland County,
successfully secured $600,000 funding M.R. #02192 through
the Michigan Department of Transportation's Enhancement
Program (TEP) of MDOT.
3. The Oakland Parks and Recreation Commission has included
the Ellis Barn Relocation Project and Ellis Barn Site
Development Project in its Capital Improvement Projects
Budget.
4. The total amount of the project is estimated to be between
$900,000 and $1,200,000.
5. The public and private sources which have committed to
providing the necessary funding for the grant match are as
follows: RBI 33 LLC owners have pledged to assist with the
cost of dismantling and relocating the Ellis barn to
another site; Springfield Township, Ms Ellis and Clarkston
State Bank, and Oakland Parks and Recreation Commission
have committed for site preparation and landscaping along
with the remaining funds for the match.
6. No General Fund expenditure is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
46//)/
Resolution #04289 October 7, 2004
Moved by Patterson supported by Middleton the resolution be adopted.
Moved by Patterson supported by Knollenberg the Finance Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Coulter the Planning and Building Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Crawford the resolution be amended to coincide with the
recommendation in the Finance Committee Report and the Planning and Building Committee Report.
A sufficient majority having voted therefore, the amendments carried.
Moved by Patterson supported by Crawford the resolution as amended, be adopted.
Vote on resolution, as amended:
AYES: Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin,
Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson,
Zack, Bullard, Coleman, Coulter. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify thät the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
October 7th, 2004 with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seaLof the County of Oakland at
Pontiac, Michigan this 7th day of October, 2004.
G. William Caddell, County Clerk