HomeMy WebLinkAboutReports - 2023.05.11 - 38219
AGENDA ITEM: First Amendment to the Agreement with the Charter Township of Springfield for Mill
Pond Dam Maintenance and Repair
DEPARTMENT: Parks & Recreation
MEETING: Board of Commissioners
DATE: Thursday, May 11, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-2820
Motion to approve the First Amendment to the Agreement with the Charter Township of Springfield
for Mill Pond Dam Maintenance and Repair to reflect the current Dam Removal and Restoration
project and subsequent termination of the agreement; the Chair of the Board of Commissioners is
authorized to sign the amendment and any additional documents necessary to execute the
amendment.
ITEM CATEGORY SPONSORED BY
Contract Gary McGillivray
INTRODUCTION AND BACKGROUND
In 2015 Oakland County Parks and Recreation entered into an interlocal agreement with Springfield
Township for the maintenance and repair of the Mill Pond Dam in Davisburg. Both OCPR and
Springfield Township have property along the Mill Pond Dam waterfront, and the agreement outlined
a cost share for maintenance and repairs to be split 55% OCPR/45% Springfield Township based
on the percentage of property owned on the dam.
With the Mill Pond Dam Removal and Restoration project scheduled to be completed this year, staff
(with Corporation Counsel) have created an amendment to the agreement outlining the removal of
the dam and the restoration of the property. It indicates both parties willingness to redraw the
property lines once the project is complete, using the river as the new boundary between OCPR and
Township property. The amendment also includes a provision for the entire agreement to expire
when the project is complete and the new parcel boundaries are finalized.
POLICY ANALYSIS
On July 15, 2015, Miscellaneous Resolution #15162 was adopted by the Board of Commissioners
approving an interlocal agreement with Springfield Township to delineate the duties and
responsibilities with respect to the service, maintenance, and repair of the Dam. In July 2019, it was
determined that the dam would be removed and the adjacent real property be restored.
This amendment would expand the terms of the original agreement to include dam removal,
restoration, installation of a culvert, and roadway improvements. Additionally, upon completion of
the dam removal and restoration, the real property boundary lines will be redrawn. OCPRC shall
retain a survey consultant to redraw the lines. After all deed and easement agreement
requirements are met, this agreement shall automatically expire.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Melissa Prowse, Manager - Parks & Recreation Planning & Development
ITEM REVIEW TRACKING
Gary McGillivray, Board of Commissioners Created/Initiated - 5/12/2023
AGENDA DEADLINE: 05/11/2023 6:00 PM
ATTACHMENTS
1. 1st Amendment (Final Version)--Dam Interlocal Agreement
2. 1st amendment Mill Pond Dam agreement_Attachment A
COMMITTEE TRACKING
2023-05-02 Legislative Affairs & Government Operations - Recommend to Board
2023-05-11 Full Board - Adopted
Motioned by: Commissioner Gary McGillivray
Seconded by: Commissioner Karen Joliat
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Janet Jackson, Gary
McGillivray, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay
Raman (17)
No: Robert Hoffman (1)
Abstain: None (0)
Absent: Marcia Gershenson (1)
Passed
Page 1 of 3
1st Amendment
FINAL VERSION
FIRST AMENDMENT
TO THE AGREEMENT FOR MILL POND DAM MAINTENANCE AND REPAIR
BETWEEN
OAKLAND COUNTY AND CHARTER TOWNSHIP OF SPRINGFIELD
This First Amendment (1st Amendment) is entered on ______________, between the County of
Oakland, 1200 North Telegraph Road, Pontiac, Michigan 48341, by and through its statutory agent
the Oakland County Parks and Recreation Commission (“OCPRC”) and the Charter Township of
Springfield, 12000 Davisburg Road, Davisburg, MI 48350 (“Township”).
BACKGROUND
A. The Parties entered into an Agreement on July 16, 2015 (“Original Agreement”) to delineate the
duties and responsibilities between the Parties with respect to service, maintenance, and repair of
the Dam (as defined in the Original Agreement). The Original Agreement and this 1st
Amendment shall be collectively referred to as the “Agreement.”
B. Based on previous studies and inspections indicating a need for significant investment into the
Dam, in late 2018, OCPRC commissioned a feasibility study for a recommendation regarding
whether to replace or remove the Dam.
C. In July 2019, both OCPRC and the Township conceptually approved Dam removal and
restoration of the real property adjacent to and surrounding the Dam (“Restoration”).
D. Since July 2019, through a committee comprised of members from OCPRC and the Township
and with the assistance of outside contractors, the following has been completed regarding Dam
removal and Restoration: (1) preliminary design, (2) engineering, (3) grant writing, (4) public
outreach, (5) conceptual design, and (6) selection of a contractor to perform Dam removal,
Restoration, installation of a culvert, and roadway improvements .
E. The Original Agreement does not address the Dam removal and Restoration. Thus, at this time,
the Parties desire to amend the Original Agreement to include Dam removal and Restoration.
F. In consideration of the mutual covenants and benefits contained herein, the Parties agree as
follows:
1st AMENDMENT
§1.Incorporation of Background Paragraph. All paragraphs contained in the “Background”
Section of 1st Amendment are incorporated herein.
§2.Removal of Dam and Restoration of the Surrounding Real Property.
2.1.The scope and the delineation of duties and responsibilities of the Original Agreement
shall be expanded to include Dam removal, Restoration, installation of a culvert, and
roadway improvements. Accordingly, all provisions of the Original Agreement
where the phrase “service, maintenance, and repair of the Dam” is used, shall be
amended to state: “service, maintenance, and repair of the Dam; Dam removal;
restoration of the real property adjacent to and surrounding the Dam; installation of a
culvert; and roadway improvements.”
Page 2 of 3
1st Amendment
FINAL VERSION
2.2.The Parties acknowledge and agree that they collaborated and reached a consensus
regarding the Dam removal and Restoration pursuant Section 3.2 of the Original
Agreement. The scope and description of work for the Dam removal and Restoration
is set forth in Oakland County Contract Number 010068 (Davisburg Dam—Removal
MI).
§3.Completion of Dam Removal and Restoration. Upon completion of the Dam removal
and Restoration, as described in Oakland County Contract Number 010068 (Davisburg
Dam—Removal MI), OCPRC shall retain a survey consultant to redraw the real property
boundary lines consistent with the conceptual drawings contained in Attachment A. The
survey shall also include an easement from the Township to OCPRC to allow OCPRC
access to its property north of the railroad tracks. Attachment A is incorporated in this
Amendment. The Parties shall convey the real property as depicted and described in the
survey required by this Section pursuant to a warranty deed, vesting fee simple title in the
other Party. The easement shall be conveyed pursuant to an easement agreement.
§4.Township Contribution. The Parties acknowledge that certain funds consisting of funds
allocated to the Township from the Road Commission for Oakland County’s (“RCOC”)
Tri-Party Program, as well as other funds/services being provided by RCOC, shall be a part
of the Township’s required forty-five percent (45%) contribution as set forth in the Original
Agreement
§5.Termination. Neither Party may terminate this Agreement pursuant to Section 8 of the
Original Agreement until all the deeds and easement agreement required by Section 3 of 1st
Amendment are recorded.
§6.Expiration of Agreement. This Agreement shall automatically expire, without further
action of the Parties, on the date all the deeds and easement agreement required by Section
3 of 1st Amendment are recorded. The County shall also file an affidavit in the Oakland
County Register of Deeds to nullify the affidavit recorded at Liber 46563, Page 797 in the
Oakland County Register of Deeds.
§7.Continuation of Agreement Terms and Conditions. All other terms and conditions of
the Original Agreement shall continue with full force and effect, except as modified herein.
§8.Entire Agreement. The Original Agreement and 1st Amendment constitute the entire
agreement and understanding between OCPRC and the Township and supersede all other
prior oral or written understandings, communications, or agreements between OCPRC and
the Township.
Page 3 of 3
1st Amendment
FINAL VERSION
THE COUNTY OF OAKLAND:
_________________________________________________________________________________
David T. Woodward, Chairperson, Date
Oakland County Board of Commissioners
THE CHARTER TOWNSHIP OF SPRINGFIELD:
_________________________________________________________________________________
By:Date