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Resolutions - 2008.01.17 - 9461
REPORT (MISC. 108009) January 17, 2008 BY: Planning and Building Committee, Sue Ann Douglas, Chairperson IN RE: PARKS AND RECREATION COMMISSION — APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND LAND ACQUISITION GRANT PROJECT AGREEMENT NO. TF06-199 UPPER BUSHMAN LAKE ACQUISITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the above-titled resolution on January 8, 2008, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried on a roll call vote with Woodward absent. MISCELLANEOUS RESOLUTION #08 009 January 17, 2008 BY: General Government Committee, Christine Long, Chairperson IN RE: PARKS AND RECREATION COMMISSION - APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND LAND ACQUISTION GRANT PROJECT AGREEMENT NO. TF06-199 UPPER BUSHMAN LAKE ACQUISITION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Michigan Department of Natural Resources has offered a Land Trust Fund Grant in the amount of $1,900,000 to provide partial funding for the acquisition of approximately 188-acres of land in Independence Township; and WHEREAS, local County matching funds in the amount of $2,600,000 is available in the Oakland County Parks and Recreation Land Acquisition Fund; and WHEREAS, the Oakland County Parks and Recreation Commission on November 7, 2007 supported the approval and acceptance of said Grant; and WHEREAS, the Acquisition of the Upper Bushman Lake Property meets the goals and objectives of the Oakland County Recreation Master Plan adopted March 8, 2007; and WHEREAS, the Grant Project Agreement has been approved by the County Executive Contract Review Process and Board of Commissioners' Grant Acceptance Procedures. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners of the County of Oakland, Michigan, does hereby accept the terms and conditions of the attached Michigan Department of Natural Resources Land Trust Fund Land Acquisition Project Agreement No. TF06-199 and that the County of Oakland does hereby specifically agree, as follows: 1. To appropriate matching funds in the amount of Two Million Six Hundred Thousand ($2,600,000) dollars and to complete the project during the project period pursuant to the terms and conditions of the grant authorized by the DEPARTMENT OF NATURAL RESOURCES (Department). 2. To maintain satisfactory financial accounts, documents, and records and to make them available to the DEPARTMENT for auditing at reasonable times. 3. To regulate the use of the property acquired and reserved under this Agreement to assure the use thereof by the public on equal and reasonable terms. 4. To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this Resolution. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Michigan Department of Natural Resources Land Trust Fund Land Acquisition Project Agreement No. TF06-199 and all other related documents between the County of Oakland and the Michigan Department of Natural Resources, which may be required. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE General Government Committee: Motion carried unanimously on a roll call vote with Suarez and Greimel absent. GRANT REVIEW SIGN OFF — Parks & Recreation GRANT NAME: Michigan Natural Resources Trust Fund Grant Upper Bushman Lake Acquisition FUNDING AGENCY: Michigan Department of Natural Resources DEPARTMENT CONTACT PERSON: Jon Noyes 858-4624 STATUS: Grant Acceptance DATE: December 21, 2007 Pursuant to Misc. Resolution #01320, 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 Sig) 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. Please be prepared to provide information regarding how this will impact the various taxing jurisdictions (and quantify). — Laurie Van Pelt (12/16/2007) • Department of Human Resources: It appears there are to human resource issues regarding this land acquisition grant. Approved by 1111. — Jennifer Mason (12/14/2007) Risk Management and Safety: Approved By Risk Management - Andrea Plotkowski (12/19/2007) Corporation Counsel: On December 19, 2007, Dan Stencil informed me that all outstanding issues between the State of Michigan and Oakland County relating to this grant have been resolved. That said, I feel I should at least point out the following: 1. The contract calls for the transfer of title free and clear of all encumbrances. As Mr. Ross noted, there are utility easements that exist on the property. Included with the file, I see that the State has acknowledged this. However, there is no language in the agreement indicating so. At the very least, the email in which the SOM accepts the existence of this utility easement should be attached (see 7(a)) — Joseph Pittel (12/20/2007) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Michigan Relocation Assistance Act 227 of 1972 http ://ww w _legislature .mi gov/(S(v1dIbtyil3ollh3ofinx40x55))/raileg.aspx?page---GetObjectawhi ectname=mcl-Act-227-o f-1 972&queryid=21291318 US. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Title II and Title III) htto://www.fhwa.dotgovirealcstateact.htm Michigan Natural Resources and Environments Protection Act 451 of 1994 (Part 201) Atnx./LuaKaLle.gislatur.ezaLiwy e? a e---Get0b.ect&dbj ectmame=mcl-Act-451-of-1994 11 Gaia Piir From: VanPelt, Laurie [vanpeltl@oakgov.corni Sent: Sunday, December 16, 2007 9:34 AM To: Gaia Piir; 'Davis, Patricia (davisp@co.oakland.mi.us )'; 'Mason, Jennifer; 'Secontine, Julie (secontinej@co.oakland,mi.us)' Cc: Noyes, Jon; loseph matkosky'; 'Diane Creguer; toffolod@oakgov.com ; hunterd@oakgov.com; smithdj@oakgov.com Subject: Re: Grant Review: Parks & Recreation - Michigan Natural Resources Trust Fund Grant - Upper Bushman Lake Acquistion Approved. Please be prepared to provide information regarding how this will impact the various taxing jurisdictions (and quantify). ---- Original message ---- >Date: Fri, 14 Dec 2007 11:11:49 -0500 >From: "Gaia Piir" <piirg@oakgov.com> >Subject: Grant Review: Parks & Recreation - Michigan Natural Resources Trust Fund Grant - Upper Bushman Lake Acquist ion >To: "VanPelt, Laurie (vanpeltl@co.oakland.mi.us )" <vanpeltl@oakgov.com >,"'Davis, Patricia .(davisp@co.oakland.mi.us )," cdavisp@oakgov.com>,"Mason, Jennifer'" emasonj@oakgov.com>,"'Secontine, Julie (secontinej@co.oakland.mi.us )" ‹secontinej@oakgov.com> >Cc: "Noyes, Jon" cnoyesj@oakgov.com >,"joseph matkosky" <matkoskyj@oakgov.com >,"Diane Creguer'" <creguerd@oakgov.com > Project Note: This item went through Grant Application Review in the summer of 2006. > > Project Note from Parks & Recreation: OCPR > received a similar grant from the Michigan Natural > Resources Trust Fund for the Acquisition of Highland > Oaks during the 2007 fiscal year. The Grant > Agreement for Highland Oaks was reviewed by > Corporation Counsel and appropriate changes were > made and ratified by the State of Michigan. The > Grant Agreement for the acquisition of the Upper > Bushman Lake Property incorporated the changes made > to the Highland agreement. • > In order to expedite the approval process for the > Upper Bushman Acquisition, OCPR requested a legal > review by Corporation Counsel to determine if the > language, revised in 2007, was appropriate. > Corporation Counsel has approved that agreement for > acceptance; OCPR is now requesting the standard > departmental review to allow the grant agreement to > be considered by the General Government Committee on > January 7, 2008. > GRANT REVIEW FORM • • > > TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Jennifer > Mason - Julie Secontine - Pat Davis > > > RE: GRANT CONTRACT REVIEW RESPONSE - Oakland County 1 I C164 Lli Gala Pik From: Jennifer Mason (masoni@oakgov.corn] Sent: Friday, December 14, 2007 4:27 PM To: 'Gala Piir'; 'VanPelt, Laurie (vanpeltl@co.oakland.rni.us )'; 'Davis, Patricia (davisp©co.oakiand.rni.us )'; 'Secontine, Julie (secontinej@co.oakland.mi.us )' • Cc: 'Noyes, Jon'; 'Joseph matkosky'; 'Diane Creguer; Johnston, Brenthy; Pardee, Mary Subject: RE: Grant Review: Parks & Recreation - Michigan Natural Resources Trust Fund Grant - Upper Bushman Lake Acquistion It appears there are no human resource issues regarding this land acquisition grant. Approved by HR. Jennifer Mason, SPHR Manager-Human Resources Oakland County, Michigan (248) 858-5213 masonj@oakgov.com ----Original Message---- From: Gala Piir [mailto:piirg@oakgov.com] Sent: Friday, December 14, 2007 11:12 AM To: 'VanPelt, Laurie (vanpeltl@co.oakiand.mi.us )'; 'Davis, Patricia (clavisp@co.oakland.mi.us )'; 'Mason, Jennifer; 'Secontine, Julie (secontinej@co.oakland.mi.us)' Cc: Noyes, Jon; loseph matkosky'; 'Diane Creguer' Subject: Grant Review: Parks & Recreation - Michigan Natural Resources Trust Fund Grant - Upper Bushman Lake Acquistion Project Note: This item went through Grant Application Review in the summer of 2006. Project Note from Parks & Recreation: OCPR received a similar grant from the Michigan Natural Resources Trust Fund for the Acquisition of Highland Oaks during the 2007 fiscal year. The Grant Agreement for Highland Oaks was reviewed by Corporation Counsel and appropriate changes were made and ratified by the State of Michigan. The Grant Agreement for the acquisition of the Upper Bushman Lake Property incorporated the changes made to the Highland agreement. In order to expedite the approval process for the Upper Bushman Acquisition, OCPR requested a legal review by Corporation Counsel to determine if the language, revised in 2007, was appropriate. Corporation Counsel has approved that agreement for acceptance; OCPR is now requesting the standard departmental review to allow the grant agreement to be considered by the General Government Committee on January 7, 2008. GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Jennifer Mason — Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Oakland County Parks and Recreation (0CPR) Michigan Natural Resources Trust Fund Grant — UPPER BUSHMAN LAKE ACQUISITION 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. 12/17/2007 r agu A VI Gaia Plir From: Joe Pittel [pittelj@oakgov.com ] Sent: Thursday, December 20, 2007 4:08 PM To: 'GaIa Piir' Cc: 'Noyes, Jon'; 'Sharon Cullen' Subject: RE: #2007-0848-01 MDNR Trust Fund - Upper Bushman Lake Acquisition - Grant Acceptance Gala/Jon, On December 19, 2007, Dan Stencil informed me that all outstanding issues between the State of Michigan and Oakland County relating to this grant hive been resolved. That said, I feel I should at least point out the following: 1. The contract calls for the transfer of title free and clear of all encumbrances. As Mr. Ross noted, there are utility easements that exist on the property. Included with the file, I see that the State has acknowledged this. However, there is no language in the agreement indicating so. At the very least, the email in which the SOM accepts the existence of this utility easement should be attached (see 7(a)) If you have any questions or comments, please let me know. Thank you, Joe Pittel ---Original Message From: Gaia Piir [mailto:piirg@oakgov.com] Sent: Thursday, December 20, 2007 11:47 AM To: Pittel, Joseph Cc: 'Noyes, Jon'; 'Sharon Cullen' - Subject: RE: #2007-0848-01 MDNR Trust Fund - Upper Bushman Lake Acquisition - Grant Acceptance Hello, Just a friendly reminder the Grant Review comments on this item are due today. Do you have any questions or need additional information regarding this item? Thanks, Gain V. Piir Oakland County Fiscal Services Division Phone (248) 858-1037 Fax (248) 858-9724 piirg@oakgov.com --Original Message From: Sharon Cullen [mailto:cullensh@oakgov.corn] Sent: Monday, December 17, 2007 9:51 AM To: 'Gala Pk' Cc: 'Noyes, Jon' Subject: RE: #2007-0848-01 MDNR Trust Fund - Upper Bushman Lake Acquisition - Grant Acceptance Gala, Unfortunately, John has been out of the office on a family matter (and still is), so Joe will handle the assignment. John has been able to consult with Joe on this issue. Thank you for your questions and concern. Thanks, Sharon 12/20/2007 Michigan Department of Nature! Resources — Grants Management MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT Project Number: TF06-199 Project Title: Upper Bushman Lake Acquisition This Agreement is between the Michigan Department of Natural Resources for and on behalf of the State of Michigan ("DEPARTMENT") and the COUNTY OF OAKLAND ("GRANTEE"). The DEPARTMENT has authority to issue grants to local units of government for the acquisition of land for resource protection and public outdoor recreation under Part 19 of the Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended. The GRANTEE has been approved by the Michigan Natural Resources Trust Fund (MNRTF) Board of Trustees (BOARD) to receive a grant. In PA 59 of 2007, the Legislature appropriated funds from the MNRTF to the DEPARTMENT for a grant-in-aid to the GRANTEE. As a precondition to the effectiveness of the Agreement, the GRANTEE is required to sign the Agreement and return it to the DEPARTMENT with the necessary attachments by December 31, 2007. 1. The legal description of the project area (APPENDIX A); boundary map of the project area (APPENDIX B) and Recreation Grant application bearing the number TF06-199 (APPENDIX C) are by this reference made part of this Agreement. The Agreement together with the referenced appendices constitute the entire Agreement between the parties and may be modified only in writing and executed in the same manner as the Agreement is executed. 2. The time period allowed for project completion is November 1, 2007 through October 31, 2008, hereinafter referred to as the "project period." Requests by the GRANTEE to extend the project period shall be made in writing before the expiration of the project period. Extensions to the project period are at the discretion of the DEPARTMENT. The project period may be extended only by an amendment to this Agreement. 3. This Agreement shall be administered on behalf of the DEPARTMENT through its Grants Management. a. All reports, documents, or actions required of the GRANTEE shall be submitted to the MICHIGAN NATURAL RESOURCES TRUST FUND, GRANTS MANAGEMENT MICHIGAN DEPARTMENT OF NATURAL RESOURCES PO BOX 30425 LANSING MI 48909-7925 1 of 15 PR 1921 (Rev. 0711712006) MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQU/SITION PROJECT AGREEMENT The GRANTEE'S representative for this project is: Name: Title: • Mailing Address: Phone Number: Fax Number; E-Mail Address: a. All notices, reports, requests or other communications from the DEPARTMENT to the GRANTEE shall be sufficiently given when mailed and addressed as indicated above. The DEPARTMENT and the GRANTEE may by written notice designate a different address to which subsequent notices, reports, requests, or other communications shall be sent. 4. The grant herein provided is for the acquisition by the GRANTEE of 188 acres of fee simple title free of all liens and encumbrances to lands situated and being in the TOWNSHIP OF INDEPENDENCE, COUNTY OF OAKLAND, STATE OF MICHIGAN, as described in the attached legal description (APPENDIX A) and shown on the attached boundary map (APPENDIX B). As used in this Agreement, the words "project area" shall mean the lands acquired under this Agreement as described in this Section. 5. The project area shall be used for HUNTING AND PASSIVE RECREATION. Significant changes in the use of the project area as described in this Section require the prior written authorization of the DEPARTMENT. 6. The DEPARTMENT agrees as follows: a. To grant to the GRANTEE a sum of money equal to Forty-Two (42%) percent of the total eligible cost of acquisition of fee simple title free of all liens and encumbrances to the lands in the project area, not to exceed the sum of One Million Nine Hundred Thousand ($1,900,000.00) dollars. b. To include the following in the total cost of acquisition eligible for reimbursement as provided for in Section 6(a): I. Purchase price of the land in the project area acquired by the GRANTEE during the project period as provided for in this Agreement; ii. Those relocation assistance costs authorized by P.A. 227 of 1972, supra, and the terms of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (PL 91-646) 94 Stat 1894 (1970); 2 of 15 PR 1921 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT iii. Reasonable and appropriate costs incurred and paid by the GRANTEE during the project period for recording fees, title insurance, and environmental assessments; and iv. Costs incurred and paid by the GRANTEE for an appraisal(s) as provided for in Section 8(d) that is performed no more than fifteen (15) months before the project period, or as otherwise approved by the DEPARTMENT, and that has been approved by the DEPARTMENT. c. To grant funds in the form of reimbursements to the GRANTEE for eligible costs and expenses incurred, as follows: i. Payments will be made on a reimbursement basis at Forty-Two (42%) percent of the eligible expenses incurred by the GRANTEE up to 90% of the maximum reimbursement allowable under the grant. ii. Reimbursement will be made only upon DEPARTMENT review and approval of a complete reimbursement request submitted by the GRANTEE on forms provided by the DEPARTMENT and that meets all documentation requirements set forth by the DEPARTMENT. A complete reimbursement request must document the total cost of the acquisition and the GRANTEE's compliance with Section 7 of this Agreement and DEPARTMENT acquisition project procedures. iii. The DEPARTMENT shall conduct an audit of the project's financial records upon approval of the final reimbursement request by the DEPARTMENT. The DEPARTMENT may issue an audit report with no deductions or may find some costs ineligible for reimbursement. iv. The final 10% of the grant amount will be released upon completion of a satisfactory audit by the DEPARTMENT and documentation that the GRANTEE has erected a MNRTF plaque in compliance with Section 8(p) of this Agreement. 7. The GRANTEE shall be eligible for reimbursement only upon completion of all of the following: a. Acquisition by the GRANTEE of fee simple title free of all liens and encumbrances of all lands in the project area, and b. The GRANTEE has submitted proof of acquisition of marketable record title to the DEPARTMENT in the form of a policy of title insurance insuring the GRANTEE is possessed of marketable record title in fee simple, free of all liens and encumbrances to the lands in the project area, and said policy to insure the GRANTEE against loss or damage at least equal to the purchase price of the subject lands, and c. The GRANTEE has made proper conveyance to the State of Michigan of all mineral rights to which the State is entitled under this Agreement as outlined in Section 8(l), and d. The GRANTEE has submitted a complete request for reimbursement as set forth in this Agreement. 3 of 15 PR 1921 (Rev. 07117/2006) MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT 8. The GRANTEE agrees as follows: a. To appropriate the sums sufficient to acquire fee simple title to the lands in the project area. b. To complete the acquisition in compliance with the acquisition project procedures set forth by the DEPARTMENT. c. To make no written offer or commitment to purchase lands in the project area before execution of this Agreement or before written DEPARTMENT approval as provided for in Section 8. Failure to comply with this requirement shall, at the option of the DEPARTMENT, make the cost of the property an ineligible expense under this Agreement and subjects this Agreement to termination by the DEPARTMENT. d. To complete an appraisal of the project area in accordance with standards established by the DEPARTMENT to determine the fair market value thereof; two appraisals being required for properties valued at $500,000 or more. Failure to complete the appraisal in this manner shall make the cost of said appraisal(s) an ineligible expense under this Agreement. e. To submit the appraisal(s) to the DEPARTMENT for approval no later than 120 days after the date of execution of this Agreement. No written offer or commitment to purchase land in the project area shall be transmitted by the GRANTEE until after the appraisal(s) has been given in writing by the DEPARTMENT. f. To perform, or to contract for the performance of, all appraisals, appraisal reviews, title review and closing, actual acquisition of all lands in the project area, and the relocation of tenants, owners, and/or businesses in accordance with and consistent with provisions of P.A. 227 of 1972, supra, and the terms of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (PL 91-646) 94 Stat 1894 (1970). To eliminate all pre-existing non-recreation uses of the project area within 90 days of the date of acquisition, unless otherwise approved by the DEPARTMENT in writing. h. To provide verification that the site is not a facility as defined by State Law, based on the results of due diligence and, if needed, an environmental assessment or if the site has been determined to be a facility, to provide documentation of due care compliance. I. To remove existing structures or make ready for an appropriate use in a reasonable time frame after completion of the acquisition. j. To complete acquisition of the entire project area before October 31, 2008. Failure to acquire the project area by October 31, 2008 shall constitute a breach of this Agreement and subject the GRANTEE to the remedies provided by law and set forth in Section 22 of this Agreement. g. 4 of 15 PR 1921 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT k. To provide to the DEPARTMENT all documents and information as specified in Sections 6(c) and 7 of the Agreement within 90 days after the actual acquisition of land in the project area and no later than January 29, 2009, Failure to submit the required documents and information for review before January 29, 2009 shall constitute a breach of this Agreement and subjects the GRANTEE to the remedies provided for by law and Section 22 of this Agreement. I. For parcels over 5 acres, to execute, acknowledge and deliver to the DEPARTMENT a deed conveying to the State of Michigan perpetual nonparticipating 1/6 interest in all of the rights acquired by the GRANTEE in coal, oil, gas, sand, gravel or any other minerals in, on or under the lands in the project area. m. To retain all rights acquired by the GRANTEE in coal, oil, gas, sand, gravel or any other minerals in, on or under the lands in the project area in perpetuity. n. To not develop any rights acquired by the GRANTEE in coal, oil, gas, sand, gravel or any other minerals in, on or under the lands in the project area, and not to develop these minerals from sites adjacent to the project area in a manner that diminishes the usefulness of the project area for its intended purposes. o. To maintain satisfactory financial accounts, records, and documents and to make them available to the DEPARTMENT for auditing upon request. Such accounts, records, and documents shall be retained by the GRANTEE for not less than three years following submittal of the final reimbursement request. p. To erect and maintain a plaque either on the park entry sign of the project area, or if no park entry sign exists, to construct an entry sign identifying the site as available for public use with the plaque posted on the sign, which designates this project as one having been acquired with the assistance of the MNRTF. The size, color, and design of this plaque shall be in accordance with DEPARTMENT specifications. To provide to the DEPARTMENT for approval, a complete tariff schedule containing all charges to be assessed against the public utilizing the project area and/or any facilities constructed thereon, and to provide to the DEPARTMENT for approval, all amendments thereto before the effective date of such amendments. Any tariff schedule proposed shall provide solely for sufficient revenues to cover the costs of operating, maintaining and/or developing the premises and/or any facilities provided thereon. Preferential membership or annual permit systems are prohibited at this site. Differences in admission and other fees may be instituted on the basis of residence. Nonresident fees shall not exceed twice that charged residents. If no resident fees are charged, nonresident fees may not exceed the rate charged residents at other comparable state and local public recreation facilities. q. 5 of 15 PR 1921 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT r. To separately account for any revenues received from the project area which exceed the demonstrated operating costs and to reserve such surplus revenues for the future maintenance and/or expansion of the GRANTEE'S park and outdoor recreation program. s. To furnish the DEPARTMENT, upon request, detailed statements covering the annual operation of project area and/or facilities, including income and expenses and such other information the DEPARTMENT might reasonably require. t. To adopt such ordinances and/or resolutions as shall be required to effectuate the provisions of this Agreement; certified copies of all such ordinances and/or resolutions adopted for such purposes shall be forwarded to the DEPARTMENT before the effective date thereof. u. To maintain the premises in such condition as to comply with all federal, State, and local laws which may be applicable and to make any and all payments required to pay any and all taxes, fees, or assessments legally imposed against the project area. v. To make the project area and any facilities located thereon and the land and water access ways to them open to the public within 90 days of the date of acquisition and to keep them open to the public at all times on equal and reasonable terms. No individual shall be denied ingress or egress thereto or the use thereof on the basis of sex, race, color, religion, national origin, residence, age, height, weight, familial status, marital status or disability. w. To make the project area and any future facilities provided thereon available for public outdoor recreation in perpetuity and in accordance with uses described in this Agreement and APPENDIX C, to regulate the use thereof and to provide for the maintenance thereof to the satisfaction of the DEPARTMENT, and to appropriate such moneys and/or provide such services as shall be necessary to provide such adequate maintenance. x. To agree that the project area will not be named in honor of a person either living or deceased unless approved by the BOARD. 9. The GRANTEE shall acquire fee simple title, free of all liens, encumbrances, or restrictions on future use to the lands in the project area. The fee simple title acquired shall not be subject to (1) any possibility of reverter or right of entry for condition broken or any other executory limitation which may result in defeasance of title or (2) to any reservations or prior conveyance of coal, oil, gas, sand, gravel or any other mineral interests. 10. The GRANTEE shall not allow any encumbrance, lien, security interest, mortgage or any evidence of indebtedness to attach to or be perfected against the project area. 11. The project area and any facilities located thereon shall not be wholly or partially conveyed, either in fee or otherwise, or leased for a term of years, or for any other 6 of 15 PR 1921 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT period, nor shall there be any whole or partial transfer of title, ownership, or right of ownership or control without the written approval and consent of the DEPARTMENT. 12. The assistance provided to the GRANTEE as a result of this Agreement is intended to have a lasting effect on the supply of outdoor recreation, scenic beauty sites, and recreation facilities beyond the financial contribution alone and permanently commits the project area to Michigan's outdoor recreation estate, therefore: a. The GRANTEE agrees that lands in the the project area are being acquired with MNRTF assistance and shall be maintained in public outdoor recreation use in perpetuity. No portion of the project area shall be converted to other than public outdoor recreation use without the approval of the DEPARTMENT and the BOARD. The DEPARTMENT and BOARD shall approve such conversion only upon such conditions as it deems necessary to assure the substitution by GRANTEE of other outdoor recreation properties of equal or greater fair market value and of reasonable equivalent usefulness and location. Such substituted land shall become part of the project area and will be subject to all the provisions of this Agreement. The approval of a conversion shall be at the sole discretion of the DEPARTMENT and BOARD. b. Approval of a conversion shall be at the sole discretion of the DEPARTMENT and the BOARD. c. Before completion of the project, the GRANTEE and the DEPARTMENT may mutually agree to alter the project area through an amendment to this Agreement to provide the most satisfactory public outdoor recreation area. 13. Should title to the lands in the project area or any portion thereof be acquired from the GRANTEE by any other entity through exercise of the power of eminent domain, the GRANTEE agrees that the proceeds awarded to the GRANTEE shall be used to replace the lands affected with outdoor recreation properties of equal or greater fair market value, and of reasonably equivalent usefulness and location. The DEPARTMENT and BOARD shall approve such replacement only upon such conditions as it deems necessary to assure the substitution with other outdoor recreation properties of equal or greater fair market value and of reasonably equivalent usefulness and location. Such replacement land shall be subject to all the provisions of this Agreement. 14. The GRANTEE acknowledges that: a. The GRANTEE has examined the project area and has found the property safe for public use or actions will be taken by the GRANTEE to make the property safe for public use no later than 90 days after the date of acquisition; and b. The GRANTEE is solely responsible for development, operation, and maintenance of the project area, and that responsibility for actions taken to 7 of 15 PR 1921 (Rev 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT develop, operate, or maintain the project area is solely that of the GRANTEE; and c, The DEPARTMENTS involvement in the premises is limited solely to the making of a grant to assist the GRANTEE in acquiring same. d. The GRANTEE acknowledges that the DEPARTMENT is not responsible for any tax liability assessed on the property after closing by the GRANTEE. Further, the eligible amount of tax pro-rated at time of closing will be determined by the DEPARTMENT. 15. Before the DEPARTMENT will give written approval to make a written offer to purchase the property included in this project, the GRANTEE must provide documentation to the DEPARTMENT that indicates either: a. It is reasonable for the GRANTEE to conclude, based on the advice of an environmental consultant, as appropriate, that no portion of the project area is a facility as defined in Part 201 of the Michigan Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended; or b. if any portion of the project area is a facility, documentation that Department of Environmental Quality-approved response actions have been or will be taken to make the site safe for its intended use within the project period, and that implementation and long-term maintenance of response actions will not hinder public outdoor recreation use and/or the resource protection values of the project area. 16. If the DEPARTMENT determines that, based on contamination, the project area will not be made safe for the planned recreation use within the project period, or another date established by the DEPARTMENT in writing, or if the DEPARTMENT determines that the presence of contamination will reduce the overall usefulness of the property for public recreation and resource protection, the grant may be cancelled by the MNRTF Board with no reimbursement made to the GRANTEE. 17. The GRANTEE shall acquire and maintain, or cause to be acquired or maintained, insurance which will protect the GRANTEE from claims which may arise out of or result from the GRANTEE'S operations under this Agreement, whether performed by the GRANTEE, a subcontractor or anyone directly or indirectly employed by the GRANTEE, or anyone for whose acts may hold them liable. Such insurance shall be with companies authorized to do business in the State of Michigan in such amounts and against such risks as are ordinarily carried by similar entities, including but not limited to public liability insurance, worker's compensation insurance or a program of self-insurance complying with the requirements of Michigan law. The GRANTEE shall provide evidence of such insurance to the DEPARTMENT at its request. 18. Nothing in this Agreement shall be construed to impose any obligation upon the DEPARTMENT to operate, maintain or provide funding for the operation and/or maintenance of any recreational facilities in the project area. 8 of 15 PR 1921 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT 19. The GRANTEE hereby represents that it will defend any suit brought against it which involves title, ownership, or other rights, whether specific or general, including any appurtenant rights, to and in the project area. The DEPARTMENT will not be liable for any suit brought against it that involves title, ownership, or other rights, whether specific or general, including any appurtenant rights, to and in the project area. The GRANTEE represents that it will not bring suit against the DEPARTMENT which involves title, ownership, or other rights, whether specific or general, including any appurtenant rights, to and in the project area. 20. The GRANTEE is responsible for the use and occupancy of the premises, the project area and the facilities thereon. The GRANTEE is responsible for the safety of all individuals who are invitees or licensees of the premises. The GRANTEE will defend all claims resulting from the use and occupancy of the premises, the project area and the facilities thereon. The DEPARTMENT is not responsible for the use and occupancy of the premises, the project area and the facilities thereon. 21. Failure by the GRANTEE to comply with any of the provisions of this Agreement shall constitute a material breach of this Agreement. 22. Upon breach of the Agreement by the GRANTEE, the DEPARTMENT, in addition to any other remedy provided by law and this Agreement, may: , . a. Terminate this Agreement; and/or b. Withhold and/or cancel future payments to the GRANTEE on any or all current recreation grant projects until the violation is resolved to the satisfaction of the DEPARTMENT; and/or C. Withhold action on all pending and future grant applications submitted by the GRANTEE under the Michigan Natural Resources Trust Fund and the Land and Water Conservation Fund; and/or d. Require repayment of grant funds already paid to GRANTEE. 23. The GRANTEE agrees that the benefit to be derived by the State of Michigan from the full compliance by the GRANTEE with the terms of this Agreement is the preservation, protection and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State of Michigan by way of assistance under the terms of this Agreement. The GRANTEE agrees that after final reimbursement has been made to the GRANTEE, repayment by the GRANTEE of grant funds received would be inadequate compensation to the State for any breach of this Agreement. The GRANTEE further agrees therefore, that the appropriate remedy in the event of a breach by the GRANTEE of this Agreement after final reimbursement has been made shall be the specific performance of this Agreement. 24. The GRANTEE may not assign or transfer any interest in this Agreement without prior written authorization of the DEPARTMENT. 9 of 15 PR 1921 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT 25. The rights of the DEPARTMENT under this Agreement shall continue in perpetuity. 26. The Agreement may be executed separately by the parties. This Agreement is not effective until: a. The GRANTEE has signed it and returned it together with the necessary attachments within 90 days of the date the Agreement is issued by the DEPARTMENT, and b. The DEPARTMENT has signed it. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, on this date. Approved by resolution (true copy attached) of the . . •• • " Meeting of the : • . , : date 10 of 15 PR 1921 (Rev. 07/17/2006) MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT WITNESSED BY: By 1) Title: 2) Date: Grantee's Federal ID# MICHIGAN DEPARTMENT OF NATURAL RESOURCES SIGNED: WITNESSED BY: By Jim Wood Title: Manager, Grants Management 2) Date: GRANTEE SIGNED: 11 of 15 PR 1921 (Rev. 07/17/2006) APPENDIX A LEGAL DESCRIPTION OF THE PROJECT AREA 12 of 15 PR 1921 (Rev. 07/17/2006 MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT APPENDIX B BOUNDARY MAP OF THE PROJECT AREA 13 of 14 07/17/2006 MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUfSITION PROJECT AGREEMENT APPENDIX C RECREATION GRANT APPLICATION TF06-199 (Incorporated herein by reference) 14 of 14 07/17/2005 MICHIGAN NATURAL RESOURCES TRUST FUND LAND ACQUISITION PROJECT AGREEMENT SAMPLE RESOLUTION (Acquisition) Upon motion made by , seconded by , the following Resolution was adopted: "RESOLVED, that the , Michigan, does hereby accept the terms of the Agreement as received from the Michigan Department of Natural Resources, and that the does hereby specifically agree, but not by way of limitation, as 1. To appropriate all funds necessary to complete the project during the project period and to provide ($ ) dollars to match the grant authorized by the 2. To maintain satisfactory financial accounts, documents, and records to make them available to the DEPARTMENT for auditing at reasonable times. 3. To regulate the use of the property acquired and reserved under this Agreement to assure the use thereof by the public on equal and reasonable terms. 4. To comply with any and all terms of said Agreement including all terms not specifically set forth in the foregoing portions of this Resolution. The following aye votes were recorded: The following nay votes were recorded: STATE OF MICHIGAN ) ss COUNTY OF Clerk of the , Michigan, do hereby certify that the above is a true and correct copy of the Resolution relative to the Agreement with the Michigan Department of Natural Resources, which Resolution was adopted by the at a meeting held Signature Title Dated: follows: DEPARTMENT. 15 of 14 07/17/2006 Oakland County GRANT REVIEW REVIEW MATERIALS - BRIEF OAKLAND COUNTY Michigan Natural Resources Trust Fund — Application Review UPPER BUSHMAN LAKE ACQUISITION Operating Department: Oakland County Parks and Recreation Oakland County GRANT REVIEW FORM TO: REVIEW DEPARTMENTS: Laurie Van Pelt — Management and Budget Ed Poisson — Human Resources Julie Secontine — Risk Management and Safety Pat Davis — Corporation Council RE: GRANT CONTRACT REVIEW Oakland County Parks and Recreation (OCPR) GRANT: Michigan Natural Resources Trust Fund Grant — UPPER BUSHMAN LAKE ACQUISITION GRANTOR: Michigan Department of Natural Resources Please be advised the above referenced grant application was put into contract review today. A hard copy of these materials has been sent to you for review. 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 28, 2006 GRANT INFORMATION Date: June 14, 2006 Operating Department: Oakland County Parks and Recreation Department Contact: Jon Noyes Contact Phone: 858-4624 Other ID Number: REVIEW STATUS: Application Funding Period: 04/06-04/07 New Facility / Additional Office Space Needs: No IT Resources (New Computer Hardware / Software Needs or Purchases): No Funding Continuation/New: New Application Total Project Amount: $4,500,000 Prior Year Total Funding: New Grant Funded Positions Requested: 0 Changes to Current Positions: 0 Grantor Funds: $1,900,000 (42%) Total Budget: $4,500,000 Match: $2,600,000 (58%) Source: 1/4 mil Parks and Recreation Funding Page 1 of 4 Oakland County GRANT REVIEW FORM PROJECT SYNOPSIS OAKLAND COUNTY Michigan Natural Resources Trust Fund — Application Review UPPER BUSHMAN LAKE ACQUISITION Acquisition Target Description Upper Bushman Lake Property The Upper Bushman Lake property is located in Independence Township adjacent to Independence Oaks County Park within the headwaters of the Clinton River. The property is bordered to the north by Oakhill Road, a gravel collector; to the east by Sashabaw Road, a paved major collector road; to the south by five residential parcels and Independence Oaks County Park; and to the west is a residential subdivision (See Property Location Map attached). This proposed acquisition consists of 188 acres of gently rolling hills, wooded and open wetlands and a 31-acre lake. The property is adjacent to Independence Oaks County Park, interconnected through the wetlands system surrounding the Clinton River. This property displays many of the same natural features characteristic of Independence Oaks. A wide diversity of plants and animals inhabit this area including the threatened Red Shouldered Hawk and the Endangered Species Candidate - Eastern Massasauga Rattlesnake. This property is one of the last pristine parcels of its size in the area. The acquisition and preservation of this property by Oakland County Parks and Recreation is supported by state and local agencies. The property contains three residential structures. One is a historic farm house dating back to 1888, located close to Sashabaw Road on the south side of the lake. Another smaller and less significant residential structure is located in the northeast portion of the property. The main structure is a large residence located on the east side of the lake, several hundred feet off Sashabaw Road. All three structures are in good or excellent condition. Page 2 of 4 Site Description Location: 9975 Sashabaw Road; 10275 Sashabaw Road; 5511 Oakhill Road, Section 3, Independence Township; Adjacent to Independence Oaks County Park Type of Property: Two parcels with a combined gross area of 188.09-acres (+/-); 4 residential buildings in good or excellent condition; large areas of wetlands; a 31 acre lake entirely within the boundary of the property Estimated Value (Current-Approximate): $4,500,000 Zoning: Low Density, Single Family residential development Acquisition Context Staff has considered the following characteristics of the Upper Bushman Lake property and the surrounding area in proposing this acquisition: • The Upper Bushman Lake is a Significant Natural Area, as identified by the Michigan Natural Features Inventory, adjacent to Independence Oaks County Park. The acquisition of this area would effectively insure the preservation of over 1000 acres of contiguous habitat in the headwaters of the Clinton River. • The Upper Bushman property and Independence Oaks touch but do not share a common boundary. Trail connectivity could be established through additional land acquisitions or property easements through the wetlands along the Clinton River. • The good condition of existing structures on the site could allow for rapid conversion to public facilities. • Utility easements on the property could create opportunities for trail linkages. • Local support for green space preservation and trail connectivity has been building in recent years. Site Concept OCPR staff has proposed the following uses for the Upper Bushman Lake property: • Green-space/Natural Area Preservation and Stewardship • Passive Recreation including hiking and skiing • Trail Linkages with the Oakland County Trail Network — Oak Routes • Public Fishing Access • Educational Program/Conference Facilities Page 3 of 4 Proposal for MNRTF Grant Application OCPR staff is seeking Commission approval to submit an application for financial assistance from the 2006 Michigan Natural Resources Trust Fund (MNRTF) for the purpose of acquiring the 188-acre Upper Bushman Lake property. A budget for this acquisition, based on figures from 2000, is as follows: Estimated Estimated Incidental Expenditures Costs Prorated Taxes: _ $4,000 Recording Fees: $100 Transfer Tax: $2,600 Title Insurance: $2,000 Appraisal Fees: $16,200 Plaque: _ $60 Closing Fees: $10,000 Environmental Assessment: $15,000 Total (Round to Nearest $50,000 Hundr4: Estimated Acquisition Project Costs Incidental Expenditure: $50,000 Estimated Value: $4,450,000 Total Acquisition Costs: $4,500,000 MNRTF Grant Funds (42%): $1,900,000 Local Match (58%): $2,600,000 Local matching funds will be allocated from the 1/4 mil parks and recreation levy. NO GENERAL FUND DOLLARS WILL BE REQUESTED FOR THE PURCHASE OF THE PROPOSED HIGHLAND TOWNSHIP LAND ACQUISITION. Page 4 of 4 Michigan Natural Resources Trust Fund OAKLAND COUNTY Upper Bushman Lake Acquisition August 1,2006 Operating Department: Oakland County Parks and Recreation Michigan Department of Natural ResoUrces, Grants Management 2006 MICHIGAN NATURAL RESOURCES TRUST FUND GRANT APPLICATION GENERAL INSTRUCTIONS For detailed instructions on applying for a grant, refer to the 2006 Michigan Natural Resources Trust Fund (110NRTF) Application Guidelines booklet. APPLICATION DEADLINE Mailed applications must be postmarked by the US Postal Service no later than midnight on April 1, 2006. • A secondary deadline for acquisition applications only will be accepted on August 1, 2006. An approved, up-to-date recreation plan is a prerequisite for applicant eligibility. This plan must be locally-adopted and approved by the Michigan Department of Natural Resources' (DNIR) Grants Management by April 1 st for the primary deadline or locally adopted and approved by the Michigan DNR by August 1 st for the secondary acquisition deadline. Only final, locally approved plans and plan amendments will be approved by the Michigan DNIR. APPLICATION CONTENT A complete application for a 2006 MNITCP grant consists of all of the following as further described in the 2006 MNIRTF Application Guidelines booklet 1. The following materials are required for all applications: tj One MNPTP Grant Application PR5750, completed and signed; Two copies of the Project Summary and Need Statement; Appendix A - Explanation of Match Sources, if required; ID Two 8-1/2" x 11" project location maps; Two 8-1/2" x 11" preliminary site development plans; 0• Photos of the site (recommended, but not required); LI One copy of the advance notice and minutes of a meeting held to take public comments on the application; •LI One certified resolution from the governing body; CI One copy of the letter transmitting the Notice of Intent PR5750-2, to the Regional Clearinghouse and orie copy of the completed Notice or Intent PR5750-2; 0 Letters or other documentation required supporting information included in the application; al An environmental report, if required. 2. or acquisition proposals, the following additional materials: Li Two 8-1/2" x 11" plat or parcel maps with subject parcels highlighted; ED if applicable, the Disclosure and Certification Statements for Purchase Agreements and Options (PR1923-1) and a copy of the purchase option or agreement. 3. Par development proposals, the following additional materials: C:1 One 8-1/2" x11" map delineating legal boundaries of the park site; ti One copy of preliminary floor plans arid elevation drawings for any proposed buildings or other structures; LI One copy of the Documentation of Site Control PR5750 -4. Direct any questions to the Grants Management staff assigned to specific areas of the state. (refer to the map provided with the application package) or Telephone (517) 373.9125 or TTY/TDD 711 (Michigan Relay Center) A large print version of this application is available upon request. PLEASE DO NOT FAX APPLICATION MATERIALS OR BIND OR STAPLE THE APPLICATION MATERIALS. USE or BINDER CLIPS OR RUBBER BANDS IS RECOMMENDED. PLEASE COMPLETE AND SUBMIT THE ORIGINAL APPLICATION FORM, NOT A PHOTOCOPY. >>>>>>>>>>>» Tear Off This Sheet Before Submitting Application ««<<<<<<<<< P5750 (key. 01/04/2006) Michigan Natural Resources Trust Fund APPLICATION FORM 5750 FORM 5750 - SUPPLEMENTARY INFORMATION OAKLAND COUNTY Upper Bushman Lake Acquisition Operating Department: Oakland County Parks and Recreation 1 For DNR use enIsi App. # Region # Michigan Department of Natural Resources - Grants Management 2006 MNRTF GRANT APPLICATION This Information Is requested by authority of Part 19 of Act 451 of 1994, to be considered for a recreation grant. This application must be completed In full to apply for a grant from the Michigan Natural Resources Trust Fund. A large print version of this application is available upon request. PART! GENERAL INFORMATION • Name of government unit (Applicant) Federal ID # (Required for local units of govt) County Oakland CoUnty 386-004-876 Oakland Name of Authorized Representative ( espotisible for project day-to-day) Title Jose•h P. Piga, Jr. Chief of Design and Development Address Telephone (between 8 a.m. and 5 p.m.) 2800 Watkins Lake Road 1 249 1 858 - 4620 City State zip Code Fax e-mail Waterford MI 48328 ( 248 ) 858 - 1683 f igaj oco . oak land . mi . us • -ro ect Tit e Bees brief, yet • escriptive, as pass • le and include the site name, If avalla. e. .1.0er bushman Lake Acquisition 3.-E7ef description of proposal Inaude the primary scope Items (development) or the amount of acreage to be purchased (acquisition); presence of significant natural resources (by name) or water (by name) at the site; and overall purpose of project. The intent of this proposal is to acquire the 188-acre Upper bushman Lake property _....incing a 31-acre lake, wetland, forested lowlands and open meadows. — 4. Site Location For projects which cross more than one jurisdiction, list all on a separate sheet and show the political boundaries on all maps. InCity nVIllage 1=l1ownship Name of City, Village or Township Independence Address of site zip code 9975 bashabaw Road; 10275 Sashabaw Road; 5811 oakhill Road 48348 CoUnty Town, Range and Section Numbers for Site Location Latitude/Longitude at Park Entrance and T.41. - R.9E. 13390277.8/471670.95 5. State House District State Senate District U.S. Congressional District —JEW 12 8 6. Proposal Type Indicate If the application is for a development project or art acqUisition project (cannot be both). ri n.,,,loorrip.of or rki Acoul'ition 7a. Total Project Cost and Grant Amount requested IVINRTF Grant request arrioUrits Must be rounded to the nearest hundred dollars. I. Grant Amount Requested - The grant amount requested cannot exceed 75% of the total project cost for MNRTF. For a development application, It cannot be less than $15,000 or more than $500,000. There are ho minimum or maximum grant amounts for acquisition applications. $ 1,900,000 II. Applicant's Matching Funds - Indicate the dollar amount of the match commitment. $ 2,600,000 Ill. Total Project Cost - 4,5, This amount must equal the total of the prolect scope or acquisition costs from Part Ill,$ 00 000 iv. Indicate the percentage of the match commitment - mmimmliwiteliemit ifottrintiiiiiiwiralriatorgilidili jildiriatemiulpdit jiii__________iiii 7b. Project cost and grant amount requested for phased acquisition projects only. Grant request amouhts must be rounded to the nearest hundred dollars. 2006 2007 2008 I. Grant Amount Requested - The grant amount requested cannot exceed 75% of the total project cost for each phase. $ 1,90C , 00( $ ii. Applicant's Matching Funds - Indicate the dollar amount of the match commitment for each phase. $ 2,600,000 $ Hi% Total Project Cost per phase $ ' 4 SCO 00r ' ' $ iv. Indicate the percentage of the match commitment - Must be at least 25% for each phase. 58 % % % Page 1 PR5750 (Rev. 0110412000) Page 2 PR5750 (Rev 01/04/2005) 8. Sources of Local Match Complete the chart below and Appendix A, if needed. Sources of match must add up to the total local match that Is needed as Indicated on line 7,a.11. (See the 2006 MNRTF Application Guidelines booklet for details). SOURCE LOCAL MATCH AMOUNT a) General Funds or Local Restricted Funds (applicant's own cash) $ 2,600,000 h) Force Account Labor (applicants own paid labor) $ c) Federal or State Funds (other than mNrtrr, complete appendix A) $ d) Cash Donations (complete appendix A) $ e) Donated Labor and/or Materials (complete appendix A ) $ f) Donated Land Value (acquisitions cnly; complete appendix A) $ TOTAL MATCH $ 2,600,000 9. Applicant's current year budget for parks and recreation Local government applicants only. Enter total dollars budgeted for parks and recreation for the current year, If unknown, enter total spent in prior year. Parks Operation and Maintenance Recreation Programming Capital Outlay $23,086,468 $4,310,943 $ See Attached 10. Estimated annual operation and maintenance costs associated with the proposed project Indicate the cost and percentage of the total budget for parks and recreation this project will represent. $ 4,000 Explain 1.1s:imate based on similarl y managed park facility 11. Principal source of operation and maintenance funding for the proposed project once completed oGeneral Funds DPark MIllage [1:!Park Fees 11Other (Specify) 12. Applicant has one or more of the following (check all that apply) LICItIzert Recreation body which Is established by LIPull-Time Park arid/or Recreation Director (Name and Title) 1:]State Legislation ban Stencil, Exe.cutiye officer (If the citizen recreation body was created by State statute, provide the public act number and year enacted) I:Part-Time Park and/or !Recreation Director (Name and Title ) OLocal Ordinance InGoverning body Officials Appointed To Committee 1:ICommunity School Director (Name arid brief description of Director's role ) I:Volunteers Appointed By Governing body 13. School District Applicants only a. ilecreatiobal opportunities for the general public are available at school facilities (check all that apply) nDuring Normal School Hours LiOutsIde Normal School Hours nDurIng the Summer . What percentage of time Ion an annual basis) will the recreation opportunities provided by this project be available to the general public? % per year 14. Public Participation Applicants must hold a public meeting within six (6) months prior to the application deadline, at which the public has an opportunity to comment on the proposal. There must be advance public notice for the meeting that identifies the application as an agenda item, provides a brief descriptioh and specific location of the pro ject and Indicates the applicant's Intent to apply for grant assistance. Date of the Public Meeting June 7,2006 IMPORTANT Attach a copy of the public notice and meeting minutes. Applicants are also encouraged to make specific efforts to seek Input from Individual residents and landowners ad jacent to the project site, adjacent communities, or others who would be directly affected by the project. , Additional efforts taken to Inform affected residents or others and summary of resulting comments: 15. Population of the project service area 1,194,156 county NOTE The population served b y the project is based on the applicant's population, but may be smaller or larger. Please justify the service population you report here In Part 2.b. of the Project Summary and Need Statement. (See the 2006 MNRTF Application Guidelines booklet, Chapter 3,) Page 3 PR5750 (nay, 0i10412006) 16. Date application was submitted for regional planning review (required by E.O. 12372) Applicants are required to submit a Notice of Intent (PR 5750-2) to the appropriate regional planning agency for review. Date of Submittal IMPORTANT - Attach a copy of the transmittal letter and a copy of the completed Notice or Intent form with the application. Submit the original letter and form to the regional planning clearinghouse. 17. Recreation Plan Applicants are required to have a recreation plan approved by and on file with the MR by the application due date, The proposal is justified on page(s) 77 -79 , 96, 125 18a. Has applicant closed, sold, or transferred any parkland or recreation facilities in the past five (5) years? :Yes ON° If Yes, on a separate sheet of paper, provide the type and name of the park or recreation land, and the reason(s) It was closed, sold, or transferred. lab. Does applicant have a "Residents Only" policy for this park or other parks or recreation facilities? DYes LjNo If Yes, on a separate sheet of paper, provide an explanation of any "resident only" restriction for the use of parks, recreation facilities, or events at facilities owned or operated by the applicant, NOTE: Grant-assisted sites and facilities cannot be limited to residents only. . 18c. Do you now, or do you intend in the future to, charge an entrance fee to the project site? EjYes El No If Yes, provide a copy of your current or proposed fee schedule and describe any fee reduction programs or policies you offer to persons of low-Income status. i 18d. How will the public be reasonably able to access this site? Automobile DYes ONe Boat Dyes 01\io BUS Des LjNo Non-Motorized Trail EYes °No Motorized Trail DYes EN) Pedestrian giYes ON° Other (describe) Oyes EN° 19a. Will the proposed project provide access to, preserve or protect any significant natural resources? DYes EINo OWetlands Acres 109 °Pigeon River State Forest Land Acres OState or Federal Dedicated Wilderness or Natural Area Acres jpGreat Lakes Shoreline Frontage feet ESand Dunes Acres DState or Federal Rare or ndangered Species Species OGreat Lakes Connecting Waters (Detroit, St. Mays, or St. Clair Rivers; Lake St. Clair) Frontage feet nState or Federal Dedicated Natural Rivers Frontage feet nOther significant feature, as defined by the MI Natural Features Inventory program Feature Priority One Des ignation Approx. extent of occurrence (acres) 145 19b. !Briefly describe how the project will protect, preserve, or provide new or Increased access, Including the type of access provided (swimming, fishing, hiking, scenic views, etc.). Refer to specific project scope Items, as appropriate. See Attached 19c. If your project inclUdes the acquisition or development of a linear strip of land (fur example, the purchase of a former railroad corridor), describe the ownership and protection status of adjacent significant natural resources, as defined by the MNIRTF program criteria, that will be accessed by this project. See At tached IMPORTANT - The application will be strengthened with documentation from outside experts that verifies the type, quantity and quality of the significant natural resources. The presence and extent of these resources should be clearly depicted on the site plan. 20a. Will the proposed project provide new or Increased inland water? ElYes LjNo Name the inland water (lake, river, stream, pond, Impoundment) Upper Bushman Specify acreage (for lakes, ponds, impoundments) or frontage in feet (for lakes, rivers and streams) 31 -33 acres 2013. Briefly describe how the project will protect, preserve, or provide new or increased access to the Inland water, Including the type of access provided (swimming, fishing, boating, scenic views, etc.) Refer to specific project scope items, as appropriate See Attached 20c. For acquisition projects only, will the project permanently protect an entire Inland water body or river headwaters? DYes DNo (Explain) See Attached IMPORTANT The location of the inland waters should be clearly depicted on the site plan. 21a. Will the proposed project provide new opportunities for one or more of the following? E_71, Yes 0 No L I Hunting 1:: Fishing 2 Other VVI'dlife-Related Recreation Activities 2 Fish or Wildlife Habitat Protection 21b. Briefly describe what opportunities will be provided for hunting, fishing, other wildlife-related recreation activities or habitat protection. See Attached 21c. Briefly describe how the project will provide these opportunities. Refer to specific project scope Items, as appropriate. Include Information on the specific seasons In which hunting/fishing Will be allowed. See Attached 21d. If your project Includes the acquisition or development of a linear strip of land (for example, the purchase of a former railroad corridor) describe the ownership and protection status of adjacent lands and water bodies that the project will provide access to for hunting, fishing, or other wildlife-related recreation. Not Applicable IMPORTANTAttach documentation from DNR fisheries or wildlife biologists or other experts that indicate the type, quantity and quality of the existing fish or wildlife resources, the need for additional fishing or hunting access, and/or the need for habitat protection. 22. Economic benefits of the proposed project (Check all that apply) EThe proposed project will provide for Increased private Investment In the area estimated at $ by the year 11The proposed project will provide for new permanent Jobs In the area, estimated at by the year j:JThe proposed project will attract additional tourists,* estimated at by the year LIThe proposed project Is part of a local or regional economic development or redevelopment plan for the area. Plan name Plan date _ Plan prepared by IMPORTANT if any of the above are checked, the rationale and methods for numerical estimates provided must be included In the Project Summary and Need Statement (see Part IV). Also attach letters from local or regional planning agencies, economic development agencies, tourist associations, and local businesses and/or copies or excerpts from economic development or redevelopment plans that justify and support the economic development benefits indicated above. * Additional users are not considered additional tourists unless the application demonstrates that the persons are from outside the service area and will spend money while visiting the area. PART H SITE ENVIRONMENTAL CONDMONS Part II must be completed for all acquisition applications and for development applications if any portion of the project site Is not currently owned or otherwise controlled by the applicant and/or has been used for purposes other than parks and recreation in the past 10 years. If the project includes multiple parcels with different owners or histories, a checklist must be completed for each parcel. t:ICheck here If Part II does not apply and explain why A. PROPERTY CHECKLIST - The checklist should be completed in conjunction with the landowner and anyone else that would have knowledge about the site. yes* No Ur 1. Is any portion of the property used for Industrial purposes, including manufacturing and/or minerals processing or extraction (sand. wave!, oil or gas) at this time? 1:1 2 El . Does the applicant, landowner or others have knowledge that any portion of the property has been used for purposes listed In Question #1 In the past? Ei El 3. Does the applicant, landowner or others have knowledge that any of the adjoining properties are currently being used or have been used in the past for the Purposes listed In Question #1? 0 El II 4. Is any portion of the property used at this time for a gas station, motor vehicle service or repair facility, commerdal printing fact lty. dry cleaners. Photo developing lab. lunkvard, landfill, waste treatment, storage, processing or recycling or disposal facility? ED C7 bt11.% the applicant landowner or others have knowledge that the Property has been used in the past as Indicated In Question #4? LI " . Are any of the foilowIng stored, discarded or used on the property at this time — automotive or Industrial batteries, pesticides or other chemicals used In aericultural Practices, oaints, Industrial waste or other chemicals In drums or other containers? 0 1:1 I: 7. Does the aoralicant landowner or others have knowledae that the property has been used in the past as Indicated In Question #6? 0 ' CI 8. Is there fill dirt or other fill material on the property at this time from an unknown origin? 0,., 9. Does the applicant, landowner or others have knowledge that fill dirt or other fill material of unknown origin has been placed on ile broberty in the past? El D 1:1 10. At this time Is there any evidence of leaks, spill or stains from a substance other than water or does the applicant, landowner • 0 rs have knowled.e that there has been such a leak .111 or stain In the .ast? El 2 El 11, Are there any waste disposal pits, lagoons or ponds on the property at this time? , 12. Does the applicant, landowner or others have knowledge that there have been waste disposal pits, lagoons or ponds on the broPerty in the past? Page 4 RR5750 (Rev. 0110412006) 13. Are there any registered or unregistered storage tanks on the property at this time? 0 E 0 14. Does the applicant, landowner or others have knowledge that there have been registered or unregistered storage tanks on the __pn?ker.ty_ln. thepasT _ ______.a ._ _ 15. if there is a water well on the property, does the applicant, landowner or others have knowledge that contaminants have been Identified in the well that exceeded legal standards or has the well been Identified as contaminated b a a ovemment as enc 7 0 ' U_ _ 16. Has the landowner been notified about any current violations of environmental laws pertaining to activities on the property or does applicant, landowner or others have knowledge about past vlolations? D 0 ri __-- 17. Has the landowner been notified of any environmental assessments of the property that Identified a) the presence of hazardous substances, petroleum products or contamination; or blthe need for further assessment? 0 ID D 18. Does the applicant, landowner or others have knowledge that any hazardous substances, unidentified waste materials, tires, or automotive or Industrial batteries have been dumped above ...ground, buried or burned on the property?. Ei E 0 19. Is the property listed on any federal or state list of contaminated sites, including the site e a leaking underground storage tank? 0, 0 -- * Applications to acquire or develop property that have current or past uses that suggest there may be contamination will be considered for funding if, based on the additional information In the application, it appears the property can and will be made safe for its Intended use. " Unknown. Applications to develop or acquire property for which there is inadequate information about site conditions may not be considered for grant funding. _ B. Additional information If answers to any of the questions In the Property Checklist are "Yes," an Environmental Report must also be prepared and submitted with the Application. The Environmental Report should be no more than five (5) pages and should include Information under the following headings. Refer to the specific guidance Included In Chapter 3, Section C, Part II of the 2006 MNIRTF Application Guidelines booklet for the information that should be Included In this section, 1. Title Page 2. Site Conditions 3. Environmental Assessment Results 4. Assessment and Cleanup Actions Needed 5. Implementation Responsibilities 6. Schedule 7. Confirmation Statement PART III ESTIMATED COSTS AND ADDITIONAL PROJECT INFORMATION When completing this section, keep In mind that the appropriation of funds for successful MNRTF proposals may take as long as 18 months from the date of submission; your estimates should take this Into consideration. or development projects, requirements for barrier-free accessibility as required by State and federal law should be factored Into the costs. SECTION A - DEVELOPMENT PROJECTS ONLY , 1. Applicant's legal Interest In the site (check one) CFee Simple (=ILease nEasement LjOther (Explain) IMPORTANT To be eligible, the application must Include the completed Documentation of Site Control"(PR 57504 and the required attachments. An form of control other than fee sim•le, Includin lease and easement terms, is sub'ect to CINR as 'royal. 2. PROJECT COST ESTIMATE List the specific development scope items (trail construction, parking lot paving, landscaping) rather than aspects of project execution (materials, labor, equipment). Scope items listed In this section should be clearly marked oh the preliminary site plan to differentiate Items proposed Under this grant from existing or future development. Specify sizes and quantities where appropriate (length of trail, humber of picnic tables, for example). Do not Include ineligible Items such as engineering costs beyond 10% of the subtotal and contingencies. Applications that Include Ineligible scope Items may be eliminated from consideration. SCOPE ITEMS ------T- SIZE OR I (Limit eacn item descrIptlon to 25 characters -Do Do Not Ab breviate) COST (MUST 88 ROUNDED TO NEAREST $100) . 1 QUANTITY j 1$ .00 21 $ .00 ........_ , 3 !$ .00 $ .00 5$ .00 6 ,$ .00 7 $ .00 B$ .00 9 .00 i ci 1 I .00 MNRTF Plaque $60.00 1 1 $ .0(:) . . Permit Fees 1$ .00 _ Subtotal $ .00 Engineering (NOTE professional design services are required to complete a MNRTF project. These fees may not exceed 10% of subtotal) $ .00 Total Estimated Cost $ * * This Total Amount must match Item #7.a.111. of Part I of this application .00 Page 5 P125750 (Rev, 01/04/2000) Page 6 Pk575o (Rev. 01/04/2005) 3. PERMIT ISSUES Applicants must Identify all possible local, state and federal permits that may be required for the proposed project and, at a minimum, make initial contact with permitting authorities. Briefly describe the permits that are likely to be needed for this project and what efforts have been taken to apply for these permits. Attach any letters to or from .permittiraagencies or other documentation of the efforts taken. Type of Permit I Permitting Agency r Efforts Taken to Obtain Permit or Determine Permit Requirements 7 — If the applicant has determined that no permits are needed, indicate so below. DApprcpriate research has been done and It has been determined that no local, state or federal permits are needed for this project. IMPORTANT It Is the responsibility of the Applicant/Grantee to determine the need for and obtain all required permits. Approval of a grant does not indicate that the project will receive needed permits from the DNR or any other state agencies. 4. Have any costs been incurred toward construction of the proposed project? Dyes LIND If Yes, explain SECTION B -LAND ACQUISrTION PROJECTS 1 Has landowner been contacted regarding availability of parcel(s)? (check one) Dyes No 2. Has landowner indicated parcel(s) is available for purchase? (check one) eyes EjNo 3. Has any formal offer to purchase been extended or a purchase agreement or option been executed? (check one) 0 yes 0 No IF YES, Include a completed and signed Disclosure and Certification Statement for Purchase Agreements and Options form (PR 1923-1) and a copy of the offer, agreement, or option. 4. Has any payment been made toward the acquisition? (Check One) L-j Yes L] No If YES, these costs cannot be Included as part of the total acquisition costs and are not eligible for reimbursement with grant funds, or as match toward the grant. 5. Parcel information tables Itemize estimated cost Information for each.parce). ror phas_eid projects, the parcels and dollar amounts provided should inclUde ell oh.eses. 1--- I STATE 1 (1) 1 (2) I ESTIMATED i ESTIMATED VALUE I APPRAISED 1 RELOCATION R EQUALIZED ACEAGE LANDOWNER 1 ' VALUE ($) 1 COSTS ($1 Arnold, Craig 40803201006 23.69 1$163,200 '$700,000 1$0 _J Arnold, Craig 40803201007 164,39 4930,500 $3,750,000 $0 ! TOTALS 88.08 ,$1,093,700 1$4,450,000 1$0 (3) I ESTIMATED INCIDENTAL COSTS 1 _ prorated Taxes $ 4,000 - kecorditg ees $ 100 TOTAL APPRAISLD VALUE (1) $ 4,450,000 Transfer Tax $ 2. 600 TOTAL ELOCATION COSTS (2) $ 0 I _ Title Insurance$ 2, 000 TOTAL INCIDENTAL COSTS 3 $ 50 000 Appraisal Pees$ 16,200 TOTAL ACQUISITION COSTS $ 4,500,000 Plague$ 6 01 Closing reess 1 0 , 00 0 Environmental Assessment Costs$ 15,00C TOTALS , 50, 000 6. Interest acquired will be (check all that apply) CI Fee Simple CEasement DOther Explain "Easement' or "other" as appropriate. Describe the specific rights in land that will be acquired, such as development or access rights. Also, list all liens, encumbrances, leases, restrictions, or rights to be reserved and describe by whom. IMPORTANT Applications to purchase rights in land less than fee simple should include a draft of the proposed easement or deed. Applications for less than fee simple title that will Include public outdoor recreation access on land that will remain In private ownership should include a letter of intent from the landowner (or the party that will hold title to the land), indicating they are willing to sell rights in the land that Include public access. 7. Are there any buildings or improvements on the land proposed for acquisition? I:3Yes LIN° Briefly describe the Intended use or demolition of buildings or improvements See Attached 8. Are there any non-recreational uses currently on the site or planned for the future? 2Yes DNo if yes, describe these uses and indicate when they will be terminated See Attached Page 7 RR5750 (Rev. 0110412006) T-W,PROJECTSUMIWARY AND NEED STATEMENT. !":. . i''•!. Attach two copies of a narrative that provides the following information, using the headings shown below (in bold type). Refer to the specific guidance included In Chapter 3 of the 2006 MNRTF Application Guidelines booklet on the Information that should be included In each section. 1) Project Description and Purpose 2) Need for the Project a) Site Description 3) Past Graht Performance b) Resource Protection/Recreation Opportunities Provided by the Project 4) Additional Information/Special Initiatives of the c) Barrier-Free Compliance MNRIF Board d) Economic Benefits of the Proposed Project e) Further Information on Acquisition Projects that will result In a Purchase of less than Fee Simple Title f) Estimated Additional Costs Associated with the Proposed Project PART V ATTACHMENTS Please check the boxes below for Items Included with this completed application. bevelopment Land Projects Acquisition Attachments Projects ..12 (required) IZ1 (required) Two Project Summary and Need Statement narrative. D (If required) El (if required)_ Appendix A. Explanation of Match Sources. if required. 1:1 (required) ,S (required) Two 8-112" x 11" project location maps. 0 (required) 121 (required) Two 8-1/2" x 11" preliminary site development plans. 0 (required) • N/A- • .- One 8-112" x 11" map clearly delineating the legal boundaries of the park site. -:N/A•.: VI (required) Two 8-1/2" x 11" Plat or Parcel maps. El (requited) fg1 (required) One copy of certified resolution from the governing body. 0 (required) el (required) One copy each of advance notice arid minutes of meeting held to take public comments on the application. D_L-equired) Xi (required) One copy of letter transmitting Notice of Intent tonn (PR 5750-2) to Regional Clearinghouse and one copy of the completed form. 1:71 (If required) , 0 (If required) Letters or other documentation required supporting information Included In the application. 0 (required) ' N/A ...: One copy of preliminary floor plans and elevation drawings for any proposed buildings or other structures. 0 (required) tqf One copy of Documentation of Site Control form (PR 5750-4). I:1 (If required) 0 (If required) One copy of the Environmental Report, 0 (If required) One copy of the Disclosure and Certifications Statements for Purchase Agreements & Options fomi (PR1923-1) with a copy of any executed Agreement or option. • PART VI CERTIFICATION CERTIFICATION SIGNATURE Must be by an official of the applicant agency or art Individual designated by official resolution to act on the applicant agency's behalf. I certify that all statements oh this applIcatioh and the attachments hereto are true, complete and accurate to the best of my knowledge. NAM8 (Printed/Typed) TITLE sIGNAtURE bAit Send this application package by MAIL to GRANTS MANAGEMENT MICHIGAN DEPARTMENT or NATURAL RESOURCES PO BOX 30425 LANSING MI 48909-7925 OR OVERNIGHT or EXPRESS MAIL to GRANTS MANAGEMENT MICHIGAN DEPARTMENT OF NATURAL RESOURCES STEVENS T. MASON BUILDING 6th FLOOR 530 W ALLEGAN LANSING MI 48933 Mailed applications must be postmarked by the US Postal Service no later than midnight April 1, 2006 for primary deadline, or August 1, 2006, for secondary deadline (acquisitions only). 44PLEASE DO NOT FAX APPLICATION MATERIALS >> Page 8 PR5750 (Rev. 0i/04/2006) , • , • 2006 IVINRTF GRANT APPLICATION - UPPER BUSHMAN LAKE ACQUISTION SUPPLEMENTAL INFORMATION — FORM PR 5750 PART I: G E NERAL INFORMATION #9: Recreation Programs Budget: Oakland County Parks and Recreation (OCPR) has a 2006 Operating Budget of $21,862,863. Of this amount, $4,310,943 is the Operating Budget for Recreational Programs and Facilities excluding golf course and park operations. Oakland County Parks and Recreation also expends $597,467 of its total Budget for the operation of its Nature Centers and Educational Outreach Programs. OCPR has an additional $23,920,734 for current and future Capital Outlay. #18c: Oakland County Parks Access — Entrance Fee/Public Access Similar to the national and state park systems, OCPR operates a vehicle permit program to offset the cost of maintaining a high quality parks system for Oakland County residents and visitors. Of the 11 county parks, six require permits for vehicular access. The remaining five parks do not require vehicle permits because of the presence of additional on-site recreation facilities (such as golf courses and waterparks) that subsidize their operation. OCPIR offers discounted rates to Oakland County residents In appreciation of the continued support of parks through the% mil levy. Senior rates apply for county and non-county residents who are age 62 or older on weekday entrance. This discounted rate is also extended to those with permanent cognitive or physical disabilities. The rate schedules for Daily Vehicle Entry and Annual Vehicle Permits for Oakland County Parks are as follows: Oakland County Parks Fee Daily Permit Regular Rate: $10/car/day Discount Rate: $5/car/day (Oakland County residents) Individuals with Disabilities: $3/car/day All Senior Citizens: $3/car/day (62 & over— weekdays only) 2006 IVINRTF GRANT APPLICATION — UPPER BUSHMAN LAKE ACQUISTION SUPPLEMENTAL INFORMATION — FORM PR 5750 Oakland County Parks Fee Annual Vehicle Permit Regular Rate: $46 Discount Rate: $28 (Oakland County residents) Individuals with Disabilities: $25 Senior Citizens: $25 (62 & over— weekdays only) Parks Perks Pass: (Dual pass — Oakland County Parks $43 and Huron-Clinton Metroparks The Oakland County Parks and Recreation Commission considers economic factors in the establishment of park fees. The Commission continues to authorize an annual expenditure of $30,000 to subsidize waterpark group trips, nature center visits and mobile recreation unit rentals by organizations and communities experiencing economic hardship through its Community Assistance Program. The Commission also provides scholarships for youth participating In Oakland County Summer Day Camps through a cooperative program with Oakland County Youth Assistance. #18d: Oakland County Park Access — Public Access If acquired, the Upper Bushman Lake property would have easy vehicular access from Sashabaw Road to 1-75. Local pedestrian and bicycle access would also be possible from Sashabaw Road and OCPR is exploring opportunities to acquire land and/or easements that would permit a trail connection between the Upper Bushman and Independence Oaks properties. General public transportation is not available in Independence Township; however, a free Senior Citizen Transport provides access to the recreational facilities at Independence Oaks County Park and could provide access to the Upper Bushman property as well. Page 2 of 5- 2006 MNRTP GRANT APPLICATION — UPPER BUSHMAN LAKE ACQUISTION SUPPLEMENTAL INFORMATION — FORM PR 5750 #19a: Preservation and Access to Significant Natural Resources Together with Independence Oaks, this acquisition will protect and provide access to over one thousand acres of natural areas in the headwaters of the Clinton River. The acquisition of the Upper Bushman Lake property will preserve, create public access and allow for the stewardship of more than 180 acres of natural areas including: a 31-33 acre lake (approximate size is determined by annual flow rates), 60 acres of lowland hardwood forest, 4 acres of emergent wetlands, 44 acres of scrub/shrub wetlands and more than 40 acres of open meadow. The Michigan Natural Features Inventory (MNFI) has identified 145 acres of the Upper Bushman Lake property as Priority One Natural Areas for ecological survey and preservation. #19b: Preservation and Access to Significant Natural Resources - Public Access The acquisition of the Upper Bushman Lake property would create public access to a 31-33 acre lake entirely contained within the parcel boundaries. OCPR proposes to manage public access to the Upper Bushman Lake similar to that of Crooked Lake at independence Oaks Including the construction of a universally accessible fishing dock and non-motorized boat launch. OCPR also proposes the construction of a network of trails on the Upper Bushman property that would provide access to a variety of Natural Communities on the site as well as opportunities for hiking, biking, cross-country skiing and wildlife viewing. #19c: Preservation of and Access to Significant Natural Resources - Wildlife Corridors The Upper Bushman Lake property is not a linear strip of land but it is a critical link in a riparian/wetland corridor in the headwaters of the Clinton River. Its location within the headwaters, the size of the acquisition and the high degree of habitat connectivity contribute to its significant ecological value. MNFI recently completed a detailed survey of Independence Oaks that Identified a number of rare natural communities including Mesic-wet Prairie, Hardwood- Conifer Swamp, Fen and Relic Conifer Swamp whose hydrology and ecological integrity is dependent upon Upper Bushman Lake. The acquisition, preservation and management of the Upper Bushman property will not only protect the 145 acres of significant habitat on the site but will also help to insure the viability of hundreds of acres of natural areas at Independence Oaks and the wildlife populations that occur there (including the Eastern Massasauga Rattlesnake, a candidate for listing as a federally endangered species). Page 3 of 5- 2006 MNRTF GRANT APPLICATION — UPPER BUSHMAN LAKE ACQUISTION SUPPLEMENTAL INFORMATION — FORM PR 5750 #20a-c: Access to Inland Water Resources The Upper Bushman Lake is privately owned 31-33 acre lake (size is dependent upon annual/seasonal flow rates) entirely contained within the boundaries of the target parcels. If acquired, OCPR proposes to provide a universally accessible fishing dock and non-motorized boat launch. This will create new public access to fishing and boating opportunities in Oakland County. OCPR also proposes the construction of a network of trails associated with the lake acquisition which would provide new access to other passive recreation opportunities in a picturesque landscape including hiking, cross-country skiing, wildlife viewing, picnicking and attending educational programs. #21a-c: Opportunities for Wildlife Recreation — Hunting and Fishing In addition to creating open access to fishing, park visitors will be encouraged to take self guided walks through several miles of proposed trails and boardwalks. Educational material on signs and brochures would be produced by the Wint Nature Center at Independence Oaks to enhance wildlife viewing experiences. OCPR also proposes to create a safety zone within the Upper Bushman Lake property to allow for open access archery deer hunting. This effort would provide additional recreational opportunities and would complement the annual managed hunt at Independence Oaks to reduce the park's deer population. (OCPR winter deer counts have shown population levels several times higher than the density recommended by the Michigan Department of Natural Resources. The recent MNFI survey identified deer over population as one of the greatest threats to the viability of Independence Oaks natural communities.) Page 4 of 5- _ 2006 IVINRTF GRANT APPLICATION — UPPER BUSHMAN LAKE AccansTIoN SUPPLEMENTAL INFORMATION — FORM PR 5750 PART III: SECTION B — LAND ACQUISITION PROJECTS #7-8: Farmstead The Upper Bushman Lake property contains three residential structures described as follows: ▪ Farm House (9975 Sashabaw Road) O Built in 1870 O 2,650 square feet O Good condition; Close to the road • Main Residence (10275 Sashabaw Road) O Original structure built in 1949; additions in 1980 O 4,400 square feet O Two car garage O Good condition; Lake views • Guest House (5511 Oakhill Road) O Built in 1970 O 800 square feet O Good condition; Oakh ill Road access The estimated appraisal for the Upper Bushman Lake property includes these structures, although they represent a very small fraction of the overall value of the acquisition. Depending on a structural analysis, OCPR would utilize these structures to promote recreational and educational opportunities at Independence Oaks and Upper Bushman Lake. OCPR proposes to convert the existing main residence to a conference center that could provide meeting spaces for educational and recreational gatherings. The residential buildings immediately off Sashabaw and Oakhill Roads would support park operations by providing office space, maintenance staging areas, restrooms, utility connections and temporary storage. OCPR anticipates that no relocation costs (for the current resident) will be included in purchase agreement for the Upper Bushman Lake property as the property has a willing seller and the sales proposal includes the disposition of the residential structures. The residential use of the property will cease upon the acquisition of the property by Oakland County. Page 5 of 5- RESOLUTION IN SUPPORT OF THE ACCEPTANCE OF THE TF06-199 UPPER BUSHMAN LAKE ACQUISITION GRANT WHEREAS, the Oakland County Parks and Recreation Commission has been notified of the award of the TF06-199 UPPER BUSHMAN LAKE ACQUISITION GRANT, administered by the Michigan Natural Resources Trust Fund Board and the Michigan Department of Natural Resources; and WHEREAS, the One Million Nine Hundred Thousand ($1,900,000.00) dollar grant will help offset the cost of acquiring this parcel, which will substantially increase the size and recreational opportunities of Independence Oaks County Park; and WHEREAS, the matching funds for the UPPER BUSHMAN LAKE ACQUISITION GRANT will come from the 1/4 mil for parks. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission supports the acceptance of the TF06-199 UPPER BUSHMAN LAKE ACQUISITION GRANT. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission recommends that, upon the approval of the Grant Agreement by Oakland County Corporation Counsel, said agreement will be forwarded to the Oakland County Board of Commissioners for consideration and approval. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission has included the grant revenue and project expenses for said project in the budget for Fiscal Year 2008, thereby eliminating the need for a budget amendment. Moved by: Supported by Date: 0202007 Upper Bushman Acq Grant Accept.doc FISCAL NOTE (MISC #08 009 January 17, 2008 BY: Finance Committee, Mike Rogers, Chairperson IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION - APPROVAL AND ACCEPTANCE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND LAND ACQUISITION GRANT PROJECT AGREEMENT NO. TF06-199 UPPER BUSHMAN LAKE ACQUISITION 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: The Fiscal Services Division has reviewed the above referenced grant acceptance and finds: 1) The Oakland County Parks and Recreation Commission is seeking approval of a grant acceptance with the Michigan Natural Resources Trust Fund and the Michigan Department of Natural Resources. 2) The Upper Bushman Lake acquisition consists of 188 acres of property and a 31 acre lake adjacent to Independence Oaks. 3) Total estimated cost equals $4,500,000 apportioned as follows: Grant Funds $1,900,000 (42%) and local match $2,600,000 (58%) coming from Parks Fund. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Greimel absent. Resolution #08009 January 17, 2008 Moved by Rogers supported by Gershenson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient maority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). HEREBY APPROVE THE FOREGOING RESOLUTION ACTING PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 17, 2008, 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 17th day of January, 2008, Ruth Johnsoirif County Clerk