Loading...
HomeMy WebLinkAboutAgendas/Packets - 2010.12.15 - 401812800 Watkins Lake Road • Bldg 97W • Waterford, MI 48328-1917 248.858.0906 • 1.888.00PARKS • Destination0akland.com OZAKLANDCOUNTYPARKS Pecky D. Lewis, Jr. Chairman Richard Skarritt Vice Chairman J. David VanderVeen Secretary Tim Burns Gerald A. Fisher Robert Kostin Christine Long John P. McCulloch -les Palmer Scott Daniel J. Stencil Executive Officer December 15, 2010 Oakland County Parks and Recreation Commission Oakland County, Michigan Commissioners: A meeting has been called of the Oakland County Parks and Recreation Commission as follows: PLACE .............................White Lake Oaks Golf Course 991 Williams Lake Rd White Lake, MI 48386 TIME .............................. Wednesday, December 15, 2010 9:00 a.m. PURPOSE .......................... Regular Meeting / Planning Session This meeting has been called in accordance with the authorization of Chairman Pecky D. Lewis, Jr. of the Oakland County Parks and Recreation. Sincerely, Daniel J. Stencil Executive Officer Next Meeting: Wednesday, January 12, 2010 at Oakland County Parks Administration Building. D:\SData\Nly do ument \COMMISSION\a endaltr.doe 0 ur mission is to providee qua lty recreational experiences that encourage healthy lifestyles, support economic prosperity and promote the protection of natural resources. Oakland County Parks and reation Commission Meeting White Lake Oaks, 991 S. Williams Lake Road, White Lake, MI 48386 December 15, 2010 Agenda Action Re uired Presenter/Phone # 1. Call Meeting to Order ------ P. Lewis/248.646.5917 2. Roll Call 3. Pledge of Allegiance 4. Public Comments 5. REGULAR AGENDA A. Enbridge Construction License Agreement — Rose Oaks B. Enbridge Donation Agreement Resolution — Rose Oaks 6. PLANNING SESSION A. Annual Report —Format Concept Draft B. Park Strategic Planning Initiatives 7.OLD BUSINESS S. NEW BUSINESS REMINDERS: 33 M P. Lewis Approval M. Donnellon/248.858.4623 Approval M. Donnellon/248.858.4623 Informational D. Stencil/248.858.4944 Informational J. Noyes/248.858.4624 D. Stencil P. Lewis P. Lewis The Holiday Luncheon will be held at 12:30 p.m. on Friday, December 17 at the Lookout Lodge at Waterford Oaks. Cost is $5 each. Please RSVP to Kim Soncrainte at 248.858.4602 if you plan to attend. Due to the Parks Commissioner appointments scheduled to be made at the Board of Commissioners meeting on January 5, 2011, the next regular meeting will be 9 a.m. on January 12 at the Parks and Recreation's administration office. Item #5A Enbridge Energy — Construction License Rose Oaks As previously reported at the November Commission meeting, staff began negotiations with Enbridge Energy for a Construction License. Enbridge is in the process of repairing an existing 36" petroleum pipeline within Rose Oaks County Park. Enbridge has an easement to have this pipeline within Rose Oaks County Park and to conduct such repairs. However, given the scope of the repair activities, Enbridge needs additional space within Rose Oaks County Park in which to accomplish the repair activities. The repair activities impact a total of 3.99 acres of land which include the current dig site, detention pond, staging area and access road. Therefore the attached Construction License was negotiated for the additional construction effected land. The Construction License addresses compensation for use of the additional land, land restoration, and liability issues. Staff recommends that the Commission approve the attached Construction License Agreement with Enbridge Energy. Furthermore, staff will be working with Enbridge Energy to revise and/or amend the current easement documents to resolve the discrepancies in width, notifications, and other legal issues. 5A - 1 CONSTRUCTION LICENSE AGREEMENT This Construction License Agreement ("Agreement") is entered into this day of , 2010 by and between the County of Oakland, a municipal and constitutional corporation located at 1200 North Telegraph Road, Pontiac, Michigan 48341, acting through its Parks and Recreation Commission ("County") and Enbridge Energy, Limited Partnership, by Enbridge Pipelines (Lakehead) L.L.C. as General Partner, with an office located at 119 N. 25th St. E., Superior, Wisconsin 54880 ("Enbridge"). BACKGROUND 1. In 1969 Lakehead Pipe Line Company, Inc. (Enbridge's predecessor) received numerous easements (see Exhibit A) over certain parcels of property in Oakland County to construct, operate, maintain, inspect, remove, replace and reconstruct one or more pipelines for the transportation of oil, other liquid hydrocarbons, and any product or by- product thereof. 2. When the County purchased the parcels of property which now comprise Rose Oaks County Park, some of the parcels of property were subject to the easements. 3. Consistent with its easements, in October 2010, Enbridge notified County staff, in writing, that it intended to repair two portions of its pipeline which runs through Rose Oaks County Park. 4. One portion of the pipeline running through Rose Oaks County Park has already been repaired and the repairs occurred inside the easement area. 5. In October 2010, both Parties did not anticipate that Enbridge's pipeline repair activities at the second location would occur outside the easement area and would involve a considerable construction effort. 6. Because the repair activities for the second location have exceeded the easement and need to take place near or in wetland areas, the Parties enter into this Agreement to compensate the County for the use of Additional Property and to ensure that all efforts are made to properly restore any damaged or disturbed property. 7. In consideration of the mutual covenants contained in this Agreement the Parties agree to the following terms and conditions. ARTICLE I — DEFINITIONS 1. "Additional Property" means the real property specifically and legally described in Exhibit B which is outside the Easements, needed by Enbridge, on a temporary basis, to conduct its pipeline repairs. 5A-2 121510 ENBRIDGE CONSTRUCTION LICENSE AGREEMENT --FINAL Repage.doc 2. "Agreement" means this Agreement, Background, Article I and Article II and all Exhibits hereto attached. 3. "Day" means calendar day, unless otherwise specified in this Agreement. 4. "Easements" mean the documents attached to this Agreement as Exhibit A. 5. "Exhibits" mean all of the following documents which are fully incorporated into this Agreement: (1) Exhibit A — Easements and (2) Exhibit B — Additional Property. ARTICLE II — LICENSE License. Enbridge and its contractors, consultants, agents, and employees shall have a license to enter in and upon the Additional Property, as necessary to perform activities which are permitted under the Easements. 2. Term of License. Unless the County is notified in writing by Enbridge earlier, the term of this Agreement shall commence on October 1, 2010 and end on December 31, 2011. 3. Consideration. Enbridge shall pay the County the sum of Nine Thousand Dollars ($9,000.00) as full and final consideration for use of the Additional Property and perform all other duties and responsibilities set forth in this Agreement and as required by law. 4. Dama2e to and Restoration of Easement and Additional Property. Enbridge, at its sole cost, shall restore any portion of the Additional Property or the Easements which is damaged or disturbed by exercising its rights under the Easements or this Agreement. Enbridge, at its sole cost, shall hire an environmental consultant to oversee the restoration of the damaged or disturbed property. Such environmental consultant shall be approved by the County in writing. The County's approval shall not be unreasonably withheld. The environmental consultant shall create a written restoration plan for the disturbed or damaged property. The restoration plan, at a minimum, shall require that the damaged or disturbed property is restored to a condition similar to that, which existed prior to the commencement of work by Enbridge. The restoration plan will include information (depictions as practical) regarding replacement of trees, shrubs, perennials and other plant materials. Prior to implementation, the restoration plan shall be provided to and approved by the County in writing. Within thirty (30) days of receipt, the County shall provide its approval of or comments on the restoration plan to Enbridge in writing. The County's review of the restoration plan shall give due consideration to other permits issued to Enbridge for the activities described herein and taking place on the Additional Property, including the termination dates of any such permits. The County's approval shall not be unreasonably withheld. Notwithstanding any other provision in this Agreement, Article II, Paragraph 2, Term of License, shall be reasonably extended, in favor of Enbridge, in order to implement the County -approved restoration plan. 5. Liability and Indemnification. Enbridge shall be responsible for the actual damage, including environmental damage, resulting from Enbridge's exercise of its rights under 5A-3 121510 ENBRIDGE CONSTRUCTION LICENSE AGREEMENT --FINAL Repage.doe the Easements or this Agreement. Enbridge shall indemnify and hold harmless the County and its elected officials, officers, employees and/or agents from and against any and all claims that are imposed upon, incurred by or asserted against the County and its elected officials, officers, employees and/or agents which are based upon, result from or arise from, or are in any way related to Enbridge's (or its official's, employee's subcontractor's or agent's) use of or performance of any activities upon or in the Easements and Additional Property. 6. Enbridge's use of or performance of activities upon or in the Easements and Additional Property shall comply with all applicable laws, regulations, rules and ordinances and construction activities will be performed in a good, professional, workman like manner. 7. Assignment. Enbridge shall not assign this Agreement or any portion thereof without the County's express written consent. 8. Access to Easement and Additional Property. During the term of this Agreement, Enbridge shall have the right to access the Additional Property 24 hours per day, 7 days per week. 9. No Interest In Real Property. This Agreement does not and is not intended to grant or convey an interest in real property to Enbridge. 10. Notices. Enbridge shall provide the County with three (3) business days notice before commencing additional work within the Easement or Additional Property, except in the case of an emergency or urgent matter and then such notice must be given as soon as possible thereafter. All notices, requests, demands, and other communications required by this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: To Enbridge: Enbridge Energy, Limited Partnership Attention: Lands & ROW Department 119 N. 25' Street E. Superior, Wl 54880 To County: Oakland County Parks and Recreation Commission Attention: Executive Director 2800 Watkins Lake Road Waterford, MI 48328 With a copy to: Oakland County Parks and Recreation Commission Attention: Chief of Park Facilities Maintenance and Development 2800 Watkins Lake Road Waterford, MI 48328 With a copy to: Property Management Specialist Oakland County Department of Facilities Management 5A-4 121510 ENBRIDGE CONSTRUCTION LICENSE AGREEMENT --FINAL Repage.doc I Public Works Drive Waterford, MI 48328 11. Succession. This Agreement is binding upon the Parties and shall be binding upon their successive heirs, representatives, administrators, successors, subcontractors, and assigns. 12. Reservation of Rights. The Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the County or Enbridge. 13. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or remedy under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of the Agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this Agreement. 14. Invalid Provision. The invalidity or unenforceability of any sections or subsections of this Agreement shall not affect the validity or enforceability of the remainder of this Agreement or the remainder of any sections or subsections. This Agreement shall be construed in all respects as if any invalid or unenforceable sections or subsections were omitted. 15. Remedies Not Exclusive. The rights, remedies, and benefits provided by this Agreement shall be cumulative, and shall not be exclusive of any other rights, remedies and benefits, or of any other rights, remedies, and benefits allowed by law. 16. Headings. The section headings used throughout this Agreement are provided for reader convenience only and shall not be controlling in the interpretation of this Agreement. 17. Governing Law and Venue. This Agreement shall be construed in accordance with, and subject to, the laws of the State of Michigan. To the extent provided by law, any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall only be instituted in the Oakland County Circuit Court, a District Court located in Oakland County, or the United States District Court for the Eastern District of Michigan, depending on the nature of the action, suit, or other proceeding. 18. Amendment. This Agreement may not be changed, modified, amended, or altered, except as evidenced in a separate written agreement signed by both Parties. 19. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 5A-5 121510 ENBRIDGE CONSTRUCTION LICENSE AGREEMENT --FINAL Repage.doe 20. Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior offers, negotiations, and/or agreements between the Parties relative to the subject matter addressed herein. The Parties represented that there are no understandings, representations, or promises of any kind, oral or written, that have been made by the Parties to induce the execution of this Agreement except those expressly set forth in this Agreement. 5A-6 121510 ENBRIDGE CONSTRUCTION LICENSE AGREEMENT --FINAL Repage.doc IN WITNESS WHEREOF, Enbridge executes this Agreement on behalf of Enbridge and hereby accepts and binds Enbridge to the terms and conditions hereof on this day of , 20_. ENBRIDGE ENERGY, LIMITED PARTNERSHIP By: ENBRIDGE PIPELINES (LAKEHEAD) L.L.C. As General Partner Sign: Print: Title: Date: ATTEST Sign: Print: Title: Date: IN WITNESS WHEREOF, the County executes this Agreement on behalf of the COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this Agreement on this day of , 20_. COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation By: Title Date: WITNESS: By: Date: 5A-7 121510 ENBRIDGE CONSTRUCTION LICENSE AGREEMENT --FINAL Repage.doc EXHIBIT B Key to Features: 'rt e 0 Rose Oaks Property Boundary 4. Rivers & Streams' *�' • Water Area Existing Trails Road :r m Contours - 2' Y-S Enbridge Pipeline - Approx Location 4 i Detention Area 0 Dredge Area ,. y AREA C Fish Lake Road Staging Area WETLAND DREDGE „ Trail Area Impacted 40' ROW Extent within Project Footprint iAl 60' ROW Extent within Project Footprint' •t.�jt xf j'F i s . ►� " AREA A FISH LK RD STAGING AREA + . s.Y,.`►,+�• e , 4q I b�' m ENBRIDGE ENERGY Insurance Requirements Page 1 of 2 Version 1.1 - REVISED: 11/23/10 REQUIRED INSURANCE The contractor, at its own expense, shall procure and maintain during the life of this Contract, including any renewals or extensions thereof, all insurance as set forth below, protecting the County and County Agents against all loss or claims which may arise out of or result from the Contractor's performance of services under the terms of this Contract, whether such services are performed by the Contractor, by any subcontractor, or by anyone directly or indirectly employed by them or by anyone for whose acts they may be liable. The insurance shall be written for not less than any minimum coverage herein specified or required by law, whichever is greater. a. Commercial General Liability Insurance with the following as minimum limits: $2,000,000 - General Aggregate Limit -other than Products/Completed Operations $1,000,000 - Products/Completed Operations Aggregate Limit $1,000,000 - Personal & Advertising Injury Limit $1,000,000 - Each Occurrence Limit Commercial General Liability Insurance shall contain the following minimum coverages: ■ Occurrence Form ■ Premises and Operations ■ Products and Completed Operations ■ Broad Form Property Damage ■ Independent Contractors ■ Blanket Broad Form Contractual (including coverage for obligations assumed in this Contract) ■ Explosion, Collapse and Underground Coverage (including subsidence and any other earth movement ■ Sudden and Accidental Pollution Liability covering third -party bodily injury, property damage, and remediation costs b. Commercial Automobile Liability Insurance (including Michigan No -Fault) with a minimum limit of not less than $1,000,000 each occurrence covering liability and property damage arising out of any owned, hired, or non -owned automobile. c. Worker's Compensation Insurance - Coverage A: with limits statutorily required by any applicable Federal or State Law and Employers Liability Insurance - Coverage B: with minimum limit of $1,000,000 each accident, $1,000,000 each employee by disease and $1,000,000 aggregate disease. Umbrella/Excess Liability insurance with a minimum limit of $2,000,000 each occurrence and providing excess coverage over Commercial General Liability, Commercial Automobile Liability, and Workers' Compensation Employers Liability. Coverage shall follow form of primary coverages and provide coverage as broad as the underlying policies. 4-112mul ENBRIDGE ENERGY Insurance Requirements Page 1 of 2 Version 1.1 — 11/23/10 General Insurance Provisions: The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of all required terms, conditions and/or endorsements. (1) All policies of insurance shall be on a primary, non-contributory basis with any other insurance and/or self-insurance carried by the County and County Agents. (2) The insurance company(s) issuing the policy(s) shall have no recourse against the County and County Agents for subrogation, premiums, deductibles, or assessments under any form of policy. (3) Any and all deductibles or self -insured retentions shall be assumed by and be at the sole risk of the Contractor. (4) Contractor agrees to waive all rights of subrogation and the rights of their insurance company(s) against the County and County Agents with respects to Commercial General Liability policy. (5) Commercial General Liability policy shall be endorsed to include a written waiver of subrogation naming the County of Oakland and County Agents. (6) All insurance policies, with the exception of Worker's Compensation, shall be endorsed to name the County of Oakland and County Agents as Additional Insureds. (7) All certificates of insurance shall provide thirty -days (30) written notice to the County for cancellation, non -renewal, or material change. Certificates of insurance must be provided no less than ten (10) working days before commencement of the contract. Certificates should be sent to The County of Oakland and County Agents, c/o Risk Management and Safety, 2100 Pontiac Lake Rd., Bldg 41 W, Waterford, MI 48328. (8) The Contractor shall require subcontractors, if any, not protected under the Contractor's insurance policies to maintain insurance with coverage equal to those required of the Contractor in this contract, if applicable. (10) The Contractor and any sub -contractors, shall insure or self -insure, and assume all risk of loss of or damage to, Contractor's construction machinery, tools, equipment used in the performance of this Contract. 5A - 11 CERTIFICATE OF INSURANCE PRODUCER (Umbrella) PRODUCER (CGL, USAuto & US WC) Jardine Lloyd Thompson Canada Inc. Jardine Lloyd Thompson Insurance Services Inc. 400, 220 —12'" Avenue S.W. 22 Century Hill Or., Ste 102 Calgary, Alberta T2R OE9 Latham, NY 12110 INSURED Enbridge Energy, Limited Partnership Enbrldge Energy Company, Inc. Enbridge Employee Services, Inc. 1100 Louisiana, Suite 3300 Houston, TX 77002 ISSUE DATE: November23, 2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND. EXTEND OR ALTER THE COVERAGE COVERAGE insurer B Zurich American Insurance Company Insurer D Aspen Insurance UK. Ltd, Certificate No. N22704R I InsurerE vwvr fw_a THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS MM/D MMID A GENERAL LIABILITY 018192504 05 / 01 / 10 05101 / 11 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY PREMISES occurrence) MED EXP Anyoneperson) $ CLAIMS MADE = OCCUR PERSONAL &ADV INJURY $2,000,0DO GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER' PRODUCTS-COMP/OPAGG $2,000,000 POLICY PRO- LOG JECT AUTOMOBILE LIABILITY BAP9298853409 12/31/09 12/31/10 COMBINEDSINGLE $1,0m.000 B x ANYAUTO LIMIT. (Ea accident) BODILY INJURY $ x ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ x HIREOAUTOS x NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ x Bonowed Autos Per accident GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC $ ANYAUTO AUTO ONLY: AgQG $ D EXCESS/UMBRELLA, LIABILITY BL1003787 05101 / 10 05/01 / 11 EACH OCCURRENCE $3,000,000 AGGREGATE $ OCCUR ILAIMS MADE DEDUCTIBLE RETENTION $ C WORKERS' COMPENSATION AND WC9377907-06 12 / 31 / 09 12 / 31 / 10 X WC STATU OTH- EMPLOYERS' LIABILITY TORY I urrs ER E.L. EACH ACCIDENT $11000,000 ANY PROPRIETER/PARTERIEXECUTIVE E.L. EACH DISEASE -EA $1,000,0m OFFiCERIMEMBEREXCLUDED? If yes, describe under SPECIAL EMPLOYEE E.L. DISEASE -POLICY LIMIT $1,000,000 PROVISIONS below DESCRIPTION OF OPERATIONSILOCATIONSiVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The Commercial General Liability policy includes: Sudden & Accidental Pollution Liability, Completed Products/Operations, Personal & Advertising Injury, Broad Form Contractual and Property Damage, Explosion, Collapse and Underground coverage (including subsidence and any other earth movement), Premises and Operations and Independent Contractors, The above policy is primary and non-contributing Wth respect to any insurance carried by the Certificate Holder but only Insofar as liability is assumed by the Insured under signed Written contract and subject ahvays to policy terms, conditions and exclusions. it is hereby understood and agreed that the Certificate Holder is added as Additional Insured(s) to the above -referenced Commercial General Liability and Automobile insurance policies but only Wth respect to liability arising out of the operations of the Named Insured. With respect to the Commercial General Liability policy, Waiver of Subrogation is granted in favourof the certificate holder as required by written contract. CERTIFICATE HbLDER ; ' ELLATfON The County Of Oakland and Agents tY y g SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EYJRATION DATETHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W ITHTHE c% Risk Management and Safety POLICY PROVISIONS. 2100 Pontiac Lake Road Building 41 W ` �5 Waterford, IL 48328 AUTHORIZED REP IVE (Canada) AUTHORIZED REPRESENTATIVE (U.S.) 5A-12 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 5A-13 ,�lJLT ATTACHED TO AND FORMING A PART OF CERTIFICATE OF INSURANCE ISSUED TO: Subject always to policy terms, conditions and exclusions, Certificate Holder is named as Additional Insured, excluding Workers' Compensation and Employers' Liability, but only insofar as required by signed written contract and only insofar as liability is assumed by the Insured under signed written contract. Coverage provided to Additional Insured(s) shall not be deemed to include any contractual indemnifications, liabilities or indemnifications expressly assumed by said Additional Insured. Subject always to policy terms, conditions and exclusions, Waiver of Subrogation is granted in favor of Certificate Holder but only insofar as required by signed written contract and only insofar as liability is assumed by the Insured under signed written contract. The policies certified hereon are primary only insofar as liability is assumed by the Insured under signed written contract and subject always to policy terms, conditions and exclusions. 5A-14 Item #5B Enbridge Energy — Monetary Donation Rose Oaks Enbridge Energy desires to make a monetary donation to the Oakland County Parks and Recreation Commission for the purpose of constructing boardwalks within Rose Oaks County Park. Attached is a resolution for acceptance of the monetary donation from Enbridge Energy. Staff recommends the Commission approve this resolution and forward to the Oakland County Board of Commissioners for approval. �61 RESOLUTION ENBRIDGE ENERGY - DONATION AGREEMENT WHEREAS, the County of Oakland is the owner of Rose Oaks County Park located in Rose Township; and WHEREAS, the Oakland. County Parks and Recreation Commission staff will begin to construct boardwalks within Rose Oaks County Park pursuant to its Strategic Master Plan; and WHEREAS, the Oakland County Parks and Recreation Commission has received approval of a Michigan Natural Resources Trust Fund Grant for the construction of boardwalks within Rose Oaks County Park; and WHEREAS, access, education and interpretation of the natural resources within Oakland County Parks are part of the natural resource management guidelines established in the Strategic Master Plan; and WHEREAS, Enbridge Energy, Limited Partnership of Enbridge Pipelines, (Lakehead), LLC ("Enbridge Energy") holds an easement through Rose Oaks County Park; and WHEREAS, Enbridge Energy desires to promote their efforts and awareness of natural resources within Rose Oaks County Park by making a donation to the Oakland County Parks and Recreation Commission; and WHEREAS, Enbridge Energy desires to donate $41,000.00 to the Oakland County Parks and Recreation Commission for the specific purpose of constructing boardwalks within Rose Oaks County Park. 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 acceptance of Enbridge Energy's monetary donation of $41,000 to construct boardwalks within Rose Oaks County Park; and BE IT FURTHER RESOLVED that Oakland County Parks and Recreation Commission shall erect a sign that indicates which portions of the boardwalks within 5B-2 Rose Oaks County Park were constructed with the monetary donation from Enbridge Energy; and BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Oakland County Board of Commissioners authorize and direct its Chairperson or designee to execute the attached Declaration of Charitable Donation with Enbridge Energy. Moved by: Supported by: Date: 61�3c DECLARATION OF CHARITABLE DONATION This Declaration of Charitable Donation (the "Declaration") is entered into as of the day of , 2011 between Enbridge Energy, Limited Partnership, by Enbridge Pipelines (Lakehead) L.L.C. as General Partner, with an office located at 119 N. 25th St. E., Superior, Wisconsin 54880 ("Enbridge") and the County of Oakland, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, by and through the Oakland County Parks and Recreation Commission ("County"). RECITALS A. Enbridge has agreed to make a monetary donation to the County, in accordance with the provisions of this Declaration. B. The County accepts the monetary donation from Enbridge. NOW, THEREFORE, the Parties agree as follows: 1. Description of Monetary Donation. Enbridge shall donate to the County a one-time sum of Forty -One Thousand Dollars ($41,000.00) ("Monetary Donation") that shall only be used to construct boardwalks in Rose Oaks County Park ("Rose Oaks"). The County shall erect a sign that indicates which portions of the boardwalks in Rose Oaks were constructed with the Monetary Donation. 2. Effective Date of Monetary Donation. The Monetary Donation given to the County by Enbridge shall be paid to the County within Ten (10) business days of this Declaration being executed by both Parties. The Monetary Donation shall be paid by check made out to the "County of Oakland" or by electronic deposit RMW 3. Charitable Intent. The Parties intend and acknowledge that the Monetary Donation given to the County pursuant to this Declaration shall be treated as a charitable donation to the County. 4. Other Provisions. 4.1. Amendments. This Declaration shall not be changed except by a writing signed by Enbridge and the County. 4.2. Entire Agreement. This Declaration constitutes the entire agreement between Enbridge and the County with respect to the monetary charitable donation. 4.3. Applicable Law. This Declaration shall be governed by, and construed and enforced in accordance with, the laws of the State of Michigan. 4.4. Additional Documents. Enbridge and the County agree to execute any and all documents, instruments, certificates and communications deemed to be reasonably necessary to effectuate the intent of this Declaration and agree to cooperate and negotiate in good faith with respect to any and all matters relating to this Declaration. 4.5. Binding Effect. This Declaration shall be binding upon and inure to the benefit of the successors and assignees of the respective Parties to this Declaration. 4.6. Notices. Any notice or communication required or permitted under this Declaration will be deemed duly given if (a) in writing, and (b) hand delivered or sent by certified or registered mail, postage prepaid, return receipt requested, 5B-5 to a Party at the address specified below, or at such other address as a Party may designate to the other Party in a notice pursuant to this Section 5.6. If to Enbridge: Enbridge Enbridge, Limited Partnership Attention: Lands & ROW Department 119 N. 251h Street E. Superior, WI 54880 If to the County: Oakland County Parks and Recreation Commission Attention: Executive Director 2800 Watkins Lake Road Waterford MI 48328 With a copy to: Oakland County Board of Commissioners Attention: Chairperson 1200 North Telegraph Pontiac, MI 48431 4.7. Severability. Where possible, each provision in this Declaration will be interpreted in such a manner as to be effective and valid under applicable law. Accordingly, the Parties agree that the provisions of this Declaration will be deemed severable, and if any provision or part of this Declaration is held illegal, void, or invalid under applicable law, such provision or part will be changed to the extent reasonably necessary to make the provision or part, as so changed, legal, valid, and binding. If any one or more of the provisions contained in this Declaration will, for any reason, be held to be invalid, illegal, or unenforceable in its entirety, such invalidity, illegality, or unenforceability will not affect any of the other provisions of this Declaration, and this Declaration will be construed as if such invalid, illegal, or unenforceable provision or provisions had never been contained herein unless the deletion of such provision or provisions would result in such a material change as to cause completion of the transactions contemplated hereby to be unreasonable. 4.8. Section Headings. The Section headings contained in this Declaration have been inserted only as a matter of convenience and for reference, and in no way shall be construed to define, limit, or describe the scope or intent of any provision of this Declaration. 4.9. Counterparts and Facsimile Signatures This Declaration may be executed in counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument. Signatures on this Declaration may be delivered by facsimile in lieu of an original signature, and the Parties agree to treat facsimile signatures as original signatures. The Parties hereto have signed this Declaration on the date first above written. Enbridge Energy, Limited Partnership By Enbridge Pipelines (Lakehead) L.L.C. As General Partner By:_ Print: Title: County of Oakland, a Michigan Constitutional and Municipal Corporation By: [insert name], Chairperson Oakland County Board of Commissioners 5B-7 Item #6A 2010 Annual Report Format Concept Draft One of the important results that staff have taken from the recent millage awareness efforts, Community Connection Initiatives and Urban Recreation Forums, is the critical importance of telling our own story. The goal of the annual report is to create a narrative for what we do as an organization, why we do it and how it enhances people's lives. Staff is developing an annual report that is both an update on our effort to implement the strategic plan and an opportunity to provide some of the stories behind the list of this year's accomplishments (as the Commission saw in the 2010 Staff Update). Staff will provide an example of one section of the annual report that will include the proposed layout, design and stories for the Commission's consideration, along with an outline of the balance of the document. Staff will also share a proposed plan for distribution of the report as well as printing costs and timelines. The final report is scheduled to be printed to coincide with the Annual State of the County Address on February 1. Staff is requesting feedback from the Commission on the distribution of the report and how its development can best be used to promote Oakland County Parks and Recreation's accomplishments, mission and values. Item #6B Park Strategic Planning Initiatives Staff will be making a presentation to describe the creation of a series of park initiatives to help guide the implementation of the 2008 Strategic Plan in light of current economic conditions. A brief PowerPoint will be shown to explain the packets that will be distributed at the meeting. This will be a continuation of the Urban Recreation Strategic Initiative presentation from the October meeting at Lyon Oaks. The presentation will include the action plan and program targets for the current five proposed strategic initiatives, which include Rural Recreation, Natural Resources and Environment, Health and Wellness, and Sustainability.