October 22 2012 commission Packet.pdf - Destination Oakland

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October 22 2012 commission Packet.pdf - Destination Oakland

MEETING NOTICE

OAKLAND COUNTY PARKS AND RECREATION COMMISSION

NOTICE IS HEREBY GIVEN that a special meeting of the Oakland County

Parks and Recreation Commission will be held at 4:00 p.m. on Monday,

October 22, 2012, at the Oakland County Parks & Recreation Administration

Building, located at 2800 Watkins Lake Road, Waterford, Michigan 48328.

GERALD A. FISHER

CHAIRMAN

Telephone: (248) 858-4603


2800 Watkins Lake Road · Bldg 97W · Waterford, Ml 48328-191 7

248.858.0906 • 1.888.0 CPARKS • Dest inationOakland.com

eYAKLANDCOUNTYPARKS

October 15, 2012

Oakland County Parks

and Recreation Commission

Oakland County, Michigan

Commissioners:

A special meeting has been called of the Oakland County Parks and Recreation

Commission as follows:

PLACE . ......... . ...................... . Oakland County Parks

Administration Office

2800 Watkins Lake Road

Waterford, MI 48328

TIME ................................... Wednesday, October 22, 2012

4:00p.m.

PURPOSE . . .............................. SPECIAL MEETING

This meeting has been called in accordance with the authorization of Chairman

Gerald Fisher of the Oakland County Parks and Recreation Commission.

Sincerely,

Daniel 1. Stencil

Executi ve Officer

Gerald A. Fisher

Chairman

John P. McCulloch

Vice Chairman

J. David VanderVeen

Secretary

Pecky D. Lewis, Jr.

Chairperson Emeritus

A. David Baumhart Ill

Robert Kostin

Christine Long

Gary R. McGillivray

John Scott

Eric S. Wilson

Daniel J. Stencil

Executive Officer

0

ur

Next Meeting: November 7, 2012

Oakland County Parks & Recreation Admin. Bldg.

2800 Watkins Lake Road

Waterford, Michigan 48328

mission is to provide quality recreational experi ences that encourage healthy lifestyles,

support economic prosperity and promote the protection of natural resources.


Oakland County Parks and Recreation Commission SPECIAL Meeting

Administration Offices

2800 Watkins Lake Road, Waterford, Ml 48328

October 22, 2012

4:00PM

Agenda

Action Required

Presenter/Phone #

l. Call Meeting to Order

G. Fisher/248.514.98 14

2. Roll Call

3. Pledge of Allegiance

4. Approval of Agenda

5. Approval ofMinutes: Regular Meeting 10/03/ 12

6. Public Comments:

7. REGULARAGENDA

A. Enbridge Construction License - Rose Oaks County Park

B. CSX Letter of Intent to Ehminate Railroad Grade Crossing

at Rose Oaks County Park

Approval

Approval

Approval

G. Fisher/D. Stencil 248.858.4944

K. Kohn 248.858.4606

I V. Valko 248.858.4603

G. Fisher

D. Stencil/J. Ha11248.858.0555

IM. Donne11on 248.858.4623

D. Stencil/J. Ha\1/M. Donnellon

8. NEW BUSINESS

G. Fisher

9. ADJOURN

Next Meeting: 9 a.m. on Wednesday, November 7, 2012, at

Parks & Recreation Commission Meeting Room, 2800 Watkins Lake Road, Waterford, Ml 48328


OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING

October 3. 2012

Chairman Fisher called the meeting to order at 9:18a.m. in the banquet room of the Glen Oaks Golf Course

Clubhouse.

COMMISSION MEMBERS PRESENT:

Chairman Gerald Fisher, Vice Chairman John McCulloch, Secretary J. David VanderVeen, A. David

Baumhart Ill, Robert Kostin, Chairperson Emeritus Pecky D. Lewis, Jr., Christine Long, Gary McGillivray,

John Scott, Eric Wilson

ALSO PRESENT:

Parks and Recreation

OC Fiscal Services

OC Corporation Counsel

Daniel Stencil, Executive Officer

Sue Wells, Manager, P & R Operations

Mike Donnellan, Chief-Parks Fac., Maint. & Develop.

Terry Fields, Chief- Recreation Programs & Services

Jim Dunleavy, Chief, Parks Ops. & Maint.- N. District

Larry Gee, Chief, Parks Ops. & Maint. - S. District

Jon Noyes, Supervisor - Planning

Karen Kohn, Supervisor- Administrative Services

Melissa Prowse, Business Development Representative

Tom Garvey, Maintenance Supervisor

Doug Ammon, Crew Chief

Jeff Phelps, Supervisor II

Jody Hall, Assistant Corporation Counsel

APPROVAL OF AGENDA:

Moved by Mrs. Long, supported by Mr. Kostin to approve the agenda as presented.

AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, Scott, VanderVeen, Wilson (9)

NAYS: (0)

Motion carried on a voice vote.

PUBLIC COMMENTS:

There were no questions or comments from the public.

OAKLAND PARKS FOUNDATION UPDATE:

Chairman Fisher shared an update on the Oakland Parks Foundation, including a brief history and the efforts

to reactivate it. The Parks Foundation held a meeting on Saturday, September 15, at which time a resolution

was passed to complete the documents necessary to meet an April deadline. In addition, an offer has been

extended to Foundation member Noreen Keating to serve as the Foundation's Executive Director.

INTRODUCTIONS:

Chief of Parks Operation and Maintenance - South District Larry Gee made the following introductions:

Tom Garvey, recently promoted to Maintenance Supervisor of Catalpa Oaks, Red Oaks, and Glen Oaks; and

newly promoted Crew Chief Doug Ammon.

5 - 1


(Commission Meeting, October 3, 2012)

CONSENT AGENDA:

Moved by Mr. McCulloch, supported by Mr. VanderVeen to approve the Consent Agenda,

including the Internal Service & Department Funds Journal Entry Register for Month Ending

08/31/12 (FM 11, FY 12) and Payment Register for Month Ending 08/31/12 (FM 11, FY 12);

Monthly Financial Statements for Month Ending 08/31/12 (FM 11, FY 12); and Monthly

Average Comparison Report.

AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10)

NAYS: (0)

Motion carried on a voice vote.

REGULAR AGENDA:

Purchase of 4 Yurts (Domed Tent-like Structure)- Addison Oaks and Groveland Oaks:

Chief of Parks Operations and Maintenance- North District Jim Dunleavy presented information on the cabin

rentals at Addison Oaks and Groveland Oaks, noting they are very popular, rentals are at capacity every

weekend, and we are unable to meet the demand. Annual revenues for cabin rentals at both campgrounds

total more than $75,000.

Staff has been investigating alternatives to the cabins, which cost approximately $43,000 to build and furnish,

and proposed the purchase of yurt camping structures. The yurts being requested are 24' diameter round,

domed tent-like structures, with two separate rooms for sleeping and seating areas, and room for six guests to

sleep. They would be placed on wood platforms/decking constructed by staff and installed prior to the opening

of the 2013 camping season.

Staff budgeted $40,000 in the FY 2013 Capital Improvement Program (CIP) Budget for two yurts at Groveland

Oaks, plus an additional $40,000 in the park's Operating Budget for the necessary site improvements and

furnishings. An additional $40,000 was forecasted in the FY 2016 CIP Budget for two yurts at Addison Oaks.

Due to the economy of scale and revenue opportunity associated with combining these projects, staff decided

to bid all four yurts together.

Staff presented the bids received and requested Commission approval to accept the low bid from The

Colorado Yurt Company in the amount of $44,320 for the purchase of four yurt structures. In addition, staff

requested Commission approve the transfer of $40,000 from the FY 2013 CIP Reserve to the Addison Oaks

CIP Project Fund.

Moved by Mr. VanderVeen, supported by Mr. McCulloch to award the bid for the purchase of

four yurts, two each for Addison Oaks and Groveland Oaks, to the low bidder, The Colorado

Yurt Company, in the amount of $44,320. Also, as presented by staff, to approve the transfer

of $40,000 from the FY 2013 Capital Improvement Program Reserve to the Addison Oaks

Capital Improvement Program Project Fund.

Staff will report back to the Commission with the structures' insulation fire retardant rating and the washability

of the inside walls.

AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10)

NAYS: (0)

Motion carried on a voice vote.

5 - 2


(Commission Meeting, October 3, 2012)

Waterford Oaks Business Plan Process. Outline & Timeline:

Business Development Representative Melissa Prowse provided an update on the business plan development

process for Waterford Oaks, including a timeline and the incorporation of the resource allocation and cost

recovery planning in the process.

The next steps of the process - through the plan's approval and evaluation- are expected to be completed

over the next six to seven months.

The contract for the resource allocation and cost recovery is still in process. Staff will be bringing the proposed

scope of work for the resource allocation and cost recovery back to the Commission for input and approval.

Once the contractor's work is completed, staff will use it as a template to complete a full cost recovery initiative

throughout the entire park system. Once cost levels are determined, staff will be able to identify the

appropriate pricing strategies.

Vice Chairman McCulloch commented on the cost recovery process and resulting pricing strategy, noting it will

be critical to know where those functions will fit into the business planning process for Waterford Oaks. Staff

must be sensitive to that when bringing the plan back before the Commission, with everyone willing to make

the necessary strategic decisions.

Springfield Oaks Golf Course- Leaking Underground Storage Tanks (LUST) Restrictive Covenant (Deed

Restriction); Michigan Department of Environmental Quality:

At the September 5 meeting, Commission approved continuing services with Soil and Materials Engineers,

Inc. to assist with addressing the closure, site remediation and monitoring of the LUST site at Springfield Oaks

Golf Course. Since the MDEQ has reviewed the Restrictive Covenant (deed restriction}, the Covenant can be

recorded and the Closure Report submitted to complete the project. Staff requested adoption of a resolution

recommending approval of the Restrictive Covenant by the Board of Commissioners, which will restrict any

further installation of water wells within the described area.

Chairman Fisher suggested "valid" or "reasonable" be included in the language concerning future regulations.

Moved by Mr. Wilson, supported by Mr. Baumhart to adopt the following resolution

recommending approval of the Restrictive Covenant (Deed Restriction) by the Oakland

County Board of Commissioners, which will restrict any further installation of water wells

within the described area at the Springfield Oaks Golf Course maintenance facility, contingent

upon the Parks Commission Chairman's approval of revised language to address future

arbitrary regulations.

WHEREAS, the County of Oakland owns property located along Andersonville Road

in Springfield Townsh ip known as Springfield Oaks County Park; and

WHEREAS, in 1992 a leak in an underground storage tank near the maintenance

facility at the golf course was discovered; and

WHEREAS, the Oakland County Parks and Recreation Commission has been

working with the Michigan Department of Environmental Quality (MDEQ) to ensure the

necessary site remediation is completed; and

WHEREAS, the Oakland County Parks and Recreation Commission received grant

funding in the amount of $64,000 to assist with the remediation; and

WHEREAS, the Oakland County Parks and Recreation Commission contracted with

Technical Professional Services, Inc. for the partial remediation of the site, excluding a

5 - 3


(Commission Meeting, October 3, 2012)

portion of the environmental plume located under the maintenance facility and which includes

a well ; and

WHEREAS, the Oakland County Parks and Recreation Commission contracted with

Soil & Materials Engineers, Inc. to complete the necessary remediation specifications,

drawings, closure report and restrictive covenant (deed restriction); and

WHEREAS, the Oakland County Parks and Recreation Commission received MDEQ

approval of the restricted area of the covenant which is approximately 1 .89 acres, including

the well, which restricts any further installation of water wells within the described area.

NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and

Recreation Commission recommends the Oakland County Board of Commissioners approve

the Restrictive Covenant (Deed Restriction) of approximately 1.89 acres at Springfield Oaks

County Park with the Michigan Department of Environmental Quality.

AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10)

NAYS: (0)

Motion carried on a voice vote.

CSX Private Driveway Easement:

Parks staff received correspondence in late 2011 from CSX Transport, Inc. expressing their desire to eliminate

the private railroad crossing at Rose Oaks west of Buckhorn Lake Road just north of Davisburg Road.

In negotiations between Parks staff, Corporation Counsel, and representatives of CSX Transport, CSX has

informed us that, as part of a system-wide initiative, it is their intention to permanently eliminate this crossing.

As compensation, they have offered a one-time payment in the amount of $10,000.

The elimination of that crossing has become a concern of En bridge. They had applied for a license agreement

with CSX to access the park from the crossing to perform pipeline maintenance, but were denied. Elimination

of this crossing would create the need for En bridge to access their pipeline by creating a crossing through a

sensitive wetland in the park, an option Parks staff wishes to avoid.

Construction of a boardwalk access on higher ground is estimated to cost $160,000; it will be required in the

future.

Discussion followed on revisions to the language in the Letter of Intent addressing future rights, plus results

from negotiations with Enbridge toward this project.

Moved by Mr. McGillivray, supported by Mr. Lewis to postpone action on the CSX Transport

Letter of Intent resolution until the next Commission meeting.

Staff will meet with officials from En bridge to negotiate their possible financial participation in the construction

of the boardwalk. Staff will also express to CSX Transport that the Commission is looking favorably upon the

Letter of Intent and their payment offer.

Staff will provide clearer and more extensive maps of the park showing the location of the proposed crossing

closure.

AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10)

NAYS: (0)

5 - 4


(Commission Meeting, October 3, 2012)

Motion carried on a voice vote.

Update on Potential Partnerships with Michigan Department of Natural Resources (MDNR):

Executive Officer Dan Stencil provided a brief history on the preliminary discussions held between officials

from the Michigan Department of Natural Resources and Parks staff regarding future collaborations between

our departments. New DNR Director Keith Kreagh is interested in addressing several potential partnerships,

including one involving a 1 ,200-acre parcel in Oxford Township.

The parcel is an active gravel mine, with potential uses as an ORV park, sports fields, dog park, and

equestrian trails, plus the site includes a high quality natural area. The DNR would purchase the property, with

a potential partnership lease with Oakland County Parks and Oxford Township to develop and operate the

property.

The DNR is requesting an indication from the Parks Commission on whether or not we would have any

interest in this collaboration. There would be no commitment on the part of the Parks Commission at this point

in time, as the DNR would have to go through the Michigan Natural Resources Trust Fund grant process for

the initial acquisition of the parcel.

Staff will provide a more detailed presentation on the site at the November meeting.

Moved by Mr. McGillivray, supported by Mr. Wilson to direct staff to investigate a partnership

opportunity with the Michigan Department of Natural Resources for the parcel in Oxford

Township and to send a letter to the DNR indicating the Parks Commission's interest in this

concept.

AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10)

NAYS: (0)

Motion carried on a voice vote.

Special OCPRC Meeting on November 28. 2012 for Consideration of Banquet Services Contract:

Staff requested Commission approval to hold a special meeting on November 28 for the purpose of

considering the banquet services contract, in time to present it to the Oakland County Board of

Commissioners at their December 12 meeting.

Staff also recommended the following modifications to the schedule:

• December 5 meeting moved to December 12

• January 2 meeting be moved to January 9, 2013

The Executive Committee meetings will be held directly after the Commission meetings on November 28 and

December 12.

Moved by Mr. Wilson, supported by Mr. VanderVeen to set the special meeting for 9 a.m. on

Wednesday, November 28, 2012 for the purpose of considering the banquet services

contract, and to modify the general meeting schedule by moving the December meeting to

Wednesday, December 12, 2012 and the January meeting to Wednesday, January 9, 2013.

AYES: Baumhart, Fisher, Kostin , Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson {10)

NAYS: (O)

5- 5


(Commission Meeting, October 3, 2012)

Motion carried on a voice vote.

STAFF REPORTS:

Activity Report:

Staff provided details on final attendance figures for the year, as well as upcoming fall events. Staff will provide

a complete report evaluating revenues, attendance, and expenditures for the 2012 golf operations.

The Activity Report for September (FM 12, FY 12) was accepted as filed.

Red Oaks Nature Center- Nature Education Update:

Activities undertaken by staff at the Red Oaks Nature Center were detailed, including clearing trails, removing

damaged/dangerous trees, branding the facility with signs and kiosks, and adding benches. Hours similar to

the prior operation will be maintained while staff continues evaluating the facility, surveying patrons on their

use and wants for programming, and developing a marketing plan that will cross promote the two nature

centers. Three volunteer meetings have been held, including one orientation, and one full-time staff person

has established his office there.

Staff will continue to formulate our program there using the new nature education model, with a goal of having

a program plan completed in December for the 2013 year. Specifics include:

• A competitive analysis for our nature programs

• Identifying revenue and expenses relating to nature education - cost recovery

• Business strategy staffing plan for the Red Oaks Nature Center, as well the program as a whole

• Developing partners and continuing partnerships

Food and Beverage:

Staff briefly reviewed the process completed to date on the food and beverage contracts, including the

vending, concession operations. and list of approved caterers. Staff is now working on the banquet services

portion of the food and beverage operations, which will be for Addison Oaks, Glen Oaks, Lyon Oaks, and

White Lake Oaks. The Food and Beverage Committee schedule was provided, including the proposed date

for final approval by the Oakland County Board of Commissioners on December 13, 2012.

Executive Officer's Report:

In addition to the Executive Officer's report filed in the agenda, the following information was noted:

---The culvert replacemenUroad improvement project at Independence Oaks is projected for completion by

October 31. The road is temporarily open in the park for the annual car show scheduled for October 7, then it

will be closed again to complete the project.

---The annual Employee Recognition Lunch will be held on Thursday, November 8 beginning at noon.

Commissioners are invited to attend the lunch, which is $10 per person. Please RSVP to Megan Craft Kaer at

248.858.4602.

---In response to direction from the Commission, staff provided a compilation of golf fees at local golf courses

as compared to Oakland County Parks golf courses.

Catalpa Oaks:

5 - 6


(Commission Meeting, October 3, 2012)

Chief of Parks Facilities Maintenance and Development Mike Donnellan provided a brief update on the phase I

construction at Catalpa Oaks, providing photos of the progress and indicating the building has been painted

and the playgrounds installed.

OLD BUSINESS:

None

NEW BUSINESS:

---Commissioner VanderVeen commended Chief of Parks Operations and Maintenance-South District Larry

Gee for his professionalism in conducting business through the purchase process being proposed jointly with

the Huron-Clinton Metroparks.

---Manager - Parks Operations Sue Wells provided a brief update on the Greenhouse programming and

operations, noting just over 50% of the available winter plots have been leased for the season. Staff is looking

at growing vegetables for educational programs at the market, also.

Commissioner McCulloch noted Forgotten Harvest is looking for ways to increase their production of crops,

and suggested they may be interested in a possible partnership for the remaining plots.

CLOSED SESSION:

Moved by Mr. Baumhart, supported by Mr. VanderVeen to adjourn to a Closed Session for

the purpose of discussing a legal opinion with Oakland County Corporation Counsel.

ROLL CALL VOTE:

AYES: Baumhart, Fisher, Kostin, Lewis, Long, McCulloch, McGillivray, Scott, VanderVeen, Wilson (10)

NAYS: (0)

A sufficient majority having voted, the motion carried.

The meeting was adjourned to a closed session at 11 :08 a.m.

The meeting was re-convened to open session at 12:08 p.m.

The next Commission meeting will be 4:00 p.m. on Monday, October 22 at the Park Commission's

administration office.

Meeting was adjourned at 12:08 p.m.

J. David VanderVeen, Secretary Karen S. Kahn CAP-OM, Recording Secretary

5 - 7


e1AKLANDCOUNTYPARKS

OAKLAND COUNTY PARKS & RECREATION

COMMISSION AGENDA

OCTOBER 22, 2012

AGENDA ITEM No. 7 A

ADMINISTRATION

To:

From:

Chairman Fisher and Commission Members

Daniel J. Stencil, Executive Officer

Submitted: October 16, 2012

Subject:

Enbridge Construction License Agreement

INTRODUCTION AND HISTORY

Mike Donnellan, Jody Hall and I met with representatives of Enbridge Energy and we presented our position on

granting them a construction license. We negotiated a compensation package of $151 ,540, which will allow

Enbridge Energy to access their pipeline easement, and temporarily use additional park property for

construction activity, in Rose Oaks County Park.

ATTACHMENTS

Proposed Construction License Agreement with Enbridge

Rose Oaks County Park Map showing location of access to park

STAFF RECOMMENDATION

Staff recommends the Commission accept the agreement from Enbridge Energy, as presented.

MOTION

Move to accept the agreement from Enbridge Energy, as presented.

7 A-1


CONSTRUCTION LICENSE AGREEMENT

This Construction License Agreement ("Agreement") is entered into this ____ _

day of

, 2012 by and between the County of Oakland, a Michigan

Constitutional and Municipal corporation located at 1200 North Telegraph Road, Pontiac,

Michigan 48341, acting through its Parks and Recreation Commission ("County") and

Enbridge Energy, Limited Partnership, a Delaware limited partnership by Enbridge

Pipelines (Lakehead) L.L.C. its General Partner, with an office located at 11 9 North 25 111

Street East, Superior, Wisconsin 54880 ("Enbridge").

BACKGROUND

I. In 1969 Lakehead Pipe Line Company, Inc. (Enbridge's predecessor) received

numerous easements (see Exhibit B-hereinafter "the Easements") over certain

parcels (see Exhibit A) of property in Oakland County to construct, operate,

maintain, inspect, remove, replace and reconstruct one or more pipelines for the

transportation of oil, other liquid hydrocarbons, and any product or by-product

thereof.

2. When County purchased the parcels of prope1ty which now comprise Rose Oaks

County Park, some of the parcels of properiy were subject to the Easements.

3. In April 2012, Enbridge notified County staff, in writing, of its intention to

exercise its rights under the Easements to install a second pipeline within its

Easements which run through Rose Oaks County Park.

4. In April 2012, both Parties anticipated that some of Enbridge's pipeline

construction activities would occur outside the Easements and would involve a

considerable construction effort.

5. Because the construction for the second pipeline will exceed the Easement and

because the construction will take place near and in wetland areas, the Parties

enter into this Agreement to compensate County for the use of Additional

Property (see Exhibit C) and to ensure that all effo1t s are made to properly restore

any damaged or disturbed property.

6. Enbridge entered into a Construction License Agreement with the County on

December 16, 2010. Certain parts of the restoration plan created pursuant to that

agreement still must be completed. When Enbridge notified County of its

upcoming pipeline replacement/repair (a second pipeline), County agreed to defer

tl1e restoration under the December 16, 201 0 Agreement until restoration under

this Agreement.

7. In consideration of the mutual covenants contained in this Agreement the Pa1ties

agree to the following terms and conditions.

1

7 A-2


ARTICLE I- DEFINITIONS

1. "Additional Property" means the real property specifically shown and/or legally

described in Exhibit C which is outside the Easements and needed by Enbridge,

on a temporary basis, to conduct its pipeline construction.

2. "Agreement" means this Agreement, Background, Article I and Article II and all

Exhibits hereto attached.

3. "Day" means calendar day, unless otherwise specified in this Agreement.

4. "Easements" means the Right of Way and Easement Grants held by Enbridge and

the real property described in those Grants, which are recorded at the locations

identified in Exhibit B.

5. "Exhibits" mean all of the following documents which are fully incorporated into

this Agreement: (1) Exhibit A - Parcel descriptions upon which Easements were

granted to Lakehead and (2) Exhibit B -Easements and (3) Exhibit C- Additional

Property.

ARTICLE II - LICENSE

l .

License. Enbridge and its contractors, consultants, agents, and employees shall

have a license to enter in and upon the Additional Property, as necessary to

perform activities which are permitted under the Easements.

2. Term of License. Unless County is notified in writing by Enbridge earlier, the

term of this Agreement shall commence on October 22, 2012 and end on

completion ofEnbridge's restoration effmts.

3. Consideration. Enbridge shall pay County the sum of One-Hundred and Fifty­

One Thousand and Five Hundred and Forty Dollars ($151,540.00) as full and

final consideration for use of the Additional Prope1ty and perform all other duties

and responsibilities set forth in this Agreement and as required by law.

4. Damage to and Restoration of Easement and Additional Property. En bridge,

at its sole cost) shall restore any portion of the Additional Property or the

Easements which is damaged or disturbed by exercising its rights under the

Easements or this Agreement. Enbridge, at its sole cost, shall hire an

environmental consultant to oversee the restoration of the damaged or disturbed

property. Such environmental consultant shall be approved by the County in

writing. County's approval shall not be unreasonably withheld. The

environmental consultant shall create a written restoration plan for the disturbed

or damaged prope1ty. The restoration plan, at a minimum, shall require that the

damaged or disturbed property is restored to a condition similar to that, which

2

7 A-3


existed prior to the commencement of work by Enbridge. The restoration plan

will include information (depictions as practical) regarding replacement of trees,

shrubs, perennials and other plant materials. Prior to implementation, the

restoration plan shall be provided to and approved by County in writing. Within

30 days of receipt, County shall provide its approval of or comments on the

restoration plan to Enbridge in writing. County's review of the restoration plan

shall give due consideration to other permits issued to Enbridge for the activities

described herein and taking place on the Additional Property, including the

termination dates of any such permits. County's approval shall not be

unreasonably withheld. Notwithstanding any other provision in this Agreement,

A1iicle II, Paragraph 2, Term of License, shall be reasonably extended, in favor of

Enbridge, in order to implement the County-approved restoration plan. As of

October 22, 2012, En bridge started, but has not completed, the restoration plan

created under the December 16, 2010 Agreement. The Parties agree that

restoration stemming from the December 16, 2010 Agreement shall be compleled

at the same time restoration is completed for this Agreement.

5. Liability and Indemnification. Enbridge shall be responsible for the actual

damage, including environmental damage, resulting from Enbridge's exercise of

its rights under the Easements or this Agreement. Enbridge shall indemnify and

hold harmless County and its elected officials, officers, employees and/or agents

from and against any and all claims that are imposed upon, incurred by or asserted

against County and its elected officials, officers, employees and/or agents which

are based upon, result from or arise from, or are in any way related to Enbridge's

(or its official's, employee's, subcontraclor's or agent's) use of or performance of

any activities upon or in the Easements and Additional Property, except when

proven to have been caused solely by the gross negligence, or intentional

misconduct of County or it elected officials, officers, employees and/or agents.

Enbridge agrees that this Agreement satisfies the requirement that County be

"under written contract" with Enbridge in order to be an additional insured under

its insurance policy.

6. Enbridge's use of or performance of activities upon or in the Easements and

Additional Property shall comply with all applicable laws, regulations, rules and

ordinances and construction activities will be performed in a good, professional,

workman like manner.

7. Assignment. En bridge shall not assign this Agreement or any portion thereof

without County's express written consent.

8. Access to Easement and Additional Prooertv. During the term of this

Agreement, Enbridge shall have the right to access the Additional Property 24

hours per day, 7 days per week.

9. No Interest In Real Prooertv. This Agreement does not and is not intended to

grant or convey an interest in real property to Enbridge.

3

7 A-4


10. Notices. Enbridge shall provide County with 3 business days notice before

commencing additional work within the Easement or Additional Property, except

in the case of an emergency or urgent matter and then such notice must be given

as soon as possible thereafter. All notices, requests, demands, and other

communications required by this Agreement shall be in writing and shall be

deemed given if personally delivered or mailed, certified mail, return receipt

requested, to the following addresses:

To Enbridgc:

With a copy to:

To County:

Enbridge Energy, Limited Partnership

Attention: Lands & ROW Depmtment

119 North 25 1 h Street East

Superior, Wisconsin 54880

Enbridge Energy Field Office

Attention: Pe1mit Agent

Grand Oaks Centre, Suite 100

3399 East Grand River A venue

Howell, Michigan 48843

Oakland County Parks and Recreation Commission

Attention: Executive Director

2800 Watkins Lake Road

Waterford, Michigan 48328

With a copy to: Oakland CoWlty Parks and Recreation Commission

Attention: Chief of Park Facilities Maintenance & Development

2800 Watkins Lake Road

Waterford, Michigan 48328

With a copy to: Property Management Specialist

Oaldm1d CoWlty Department of Facilities Management

1 Public Works Drive

Waterford, Michigan 48328

11. Succession. This Agreement is binding upon the Parties and shall be binding

upon their successive heirs, representatives, administrators, successors,

subcontractors, and assigns.

12. Reservation of Rights. The Agreement does not, and is not intended to, impair,

divest, delegate, or contravene any constitutional, statutory, and/or other legal

right, privilege, power, obligation, duty, or immunity of County or En bridge.

13. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party

to pursue or enforce any right or remedy under this Agreement shall constitute a

waiver of those rights with regard to any existing or subsequent breach of this

4

7 A-5


Agreement. No waiver of any term, condition, or provision of this Agreement,

whether by conduct or otherwise, in one or more instances, shall be deemed or

construed as a continuing waiver of any term, condition, or provision of the

Agreement. No waiver by either Party shall subsequently effect its right to

require strict performance of this Agreement.

14. Invalid Provision. The invalidity or unenforceability of any sections or

subsections of this Agreement shall not affect the validity or enforceability of the

remainder of this Agreement or the remainder of any sections or subsections.

This Agreement shall be construed in all respects as if any invalid or

unenforceable sections or subsections were omitted.

15. Remedies Not Exclusive. The rights, remedies, and benefits provided by this

Agreement shall be cumulative, and shall not be exclusive of any other rights,

remedies and benefits, or of any other rights, remedies, and benefits allowed by

law.

16. Headings. The section headings used throughout this Agreement are provided for

reader convenience only and shall not be controlling in the interpretation of this

Agreement.

17. Governing Law and Venue. This Agreement shall be construed in accordance

with, and subject to, the Jaws of the State of Michigan. To the extent provided by

law, any action at law, suit in equity, or other judicial proceeding for the

enforcement of this Agreement or any provision thereof shall only be instituted in

the Oakland County Circuit Court, a District Court located in Oakland County, or

the United States District Court for the Eastern District of Michigan, depending

on the nature of the action, suit, or other proceeding.

18. Amendment. This Agreement may not be changed, modified, amended, or

altered, except as evidenced in a separate written agreement signed by both

Parties.

19. Counterparts. This Agreement may be executed in several counterparts, each of

which shall be an original and all of which shall constitute one and the same

instrument.

20. Entire Agreement. This Agreement constitutes the entire understanding between

the Parties and supersedes all prior offers, negotiations, and/or agreements

between the Parties relative to the subject matter addressed herein except for the

restoration that still must be completed pursuant to the December 16, 2010

Agreement.. The Parties represented that there are no understandings,

representations, or promises of any kind, oral or written, that have been made by

the Parties to induce the execution of this Agreement except those expressly set

forth in this Agreement.

5

7 A-6


IN WITNESS WHEREOF, Enbridge Pipelines (Lakehead) L.L.C. executes this Agreement

on behalf of Enbridge Energy, Limited Partnership and hereby accepts and binds Enbridge

Energy, Limited Partnership to the terms and conditions hereof on this __ day of

____ ,2012.

~NBRIDGE ENERGY, LIMITED

PARTNERSHIP, a Delaware limited partnership

By: ENBRIDGE PIPELINES (LAKEHEAD) L.L.C.

Its General Partner

By: ______________ ___

Douglas B. Aller, Authorized Agent

Date: _______ _ _______ _

ATTEST

Sign: ____________ _

Print:-------------

Title: ____________ _

Date: ____________ _

IN WITNESS WHEREOF, Oakland County Parks and Recreation Commission

executes this Agreement on behalf of the COUNTY OF OAKLAND and hereby accepts

and binds COUNTY OF OAKLAND to the terms and conditions of this Agreement on

this __ day of , 2012.

COUNTY OF OAKLAND, a Michigan

Constitutional and Municipal corporation

Oakland County Parks and Recreation Commission

By:

Name:

, Chairperson

Oakland County Parks and Recreation

Commission

Date:

------------------- --------

WITNESS:

By:

Date: - - ----------------

6

7 A-7


EXHIBIT A

Below are the parcel descriptions upon which the Easements are located:

Parcel 14:

Part of Southwest '14 of Section 9, Town 4 Nmth, Range 7 East, Township of Rose,

Onkland County, Michigan: Beginning at point distant North 00 degrees 27 minutes 20

seconds East 1006.29 feet from Southwest section corner; thence North 00 degrees 27

minutes 20 seconds East 239.66 feet; thence Nmth 89 degrees 43 minutes 35 seconds East

380 feet; thence South 00 degrees 27 minutes 20 seconds West 237.65 feet; thence South

89 degrees 25 minutes 26 seconds West 380.08 feet to beginning.

ParcellS:

Part of Southwest Y4 of Section 9, Town 4 North, Range 7 East, Township of Rose,

Oakland County, Michigan: Beginning at point distant Nmth 00 degrees 27 minutes 20

seconds East 1006.29 feet and North 89 degrees 25 minutes 26 seconds East 380.08 feet

from Southwest section comer; thence North 00 degrees 27 minutes 20 seconds East

637.65 feet; thence North 89 degrees 43 minutes 35 seconds East 344 feet; thence South 01

degrees 27 minutes 00 seconds West 634.74 feet; thence South 89 degrees 25 minutes 26

seconds West 344 feet to beginning.

Parcel16:

Part of Southwest '14 of Section 9, Town 4 North, Range 9 East, Township of Rose,

Oakland County, Michigan: Beginning at point distant North 00 degrees 27 minutes 20

seconds East I 006.29 feet and North 89 degrees 25 minutes 26 seconds East 724.08 feet

from Southwest section comer; thence Nmth 01 degrees 27 minutes 00 seconds East

636.56 feet; thence Nmth 89 degrees 43 minutes 35 seconds East 263.48 feet; thence South

01 degrees 27 minutes 00 seconds West 636.56 feet; thence South 89 degrees 25 minutes

26 seconds West 252.49 feet to beginning.

Parcel 17:

Part of Southwest ~ of Section 9, Town 4 North, Range 7 East, Township of Rose,

Oakland County, Michigan: Beginning at point distant N01th 00 degrees 27 minutes 20

seconds East 1006.29 feet and North 89 degrees 25 minutes 26 seconds East 976.57 feet

from Southwest Section corner; thence North 0 I degrees 27 minutes 00 seconds East

634.74 feet; thence North 89 degrees 43 minutes 35 seconds East 344 feet; thence South 01

degrees 27 minutes 25 seconds West 632.99 feet; thence South 89 degrees 25 minutes 26

seconds West 344 feet to beginning.

Parcel 2 1:

7

7 A-8


Part of Southwest ·~ of Section 9, Town 4 N01th, Range 7 East, Township of Rose,

Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26

seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet

from Southwest section corner; thence North 01 degrees 27 minutes 25 seconds East336.5

feet; thence Nmth 00 degrees 21 minutes 12 seconds East 988.23 feet; thence North 89

degrees 28 minutes 16 seconds East 331.88 feet; thence South 00 degrees 32 minutes 03

seconds West 1324.01 feet; thence South 89 degrees 25 minutes 26 seconds West 334.18

feet to begim1ing.

Parce123:

Pmt of Southwest '!.! of Section 9, Town 4 North, Range 7 East, Township of Rose,

Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26

seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet

and North 89 degrees 25 minutes 26 seconds East 668.36 feet from Southwest section

comer; thence North 00 degrees 26 minutes 25 seconds East 1323.70 feet; thence North 89

degrees 28 minutes 16 seconds East 331.89 feet; thence South 00 degrees 20 minutes 09

seconds West 1323.39 feet; thence South 89 degrees 25 minutes 26 seconds West 334.18

feet to beginning.

Parcel24:

Part of Southwest '!.! of Section 9, Town 4 North, Range 7 East, Township of Rose,

Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26

seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet

and North 89 degrees 25 minutes 26 seconds East 1002.54 feet from Southwest section

corner; thence North 00 degrees 20 minutes 09 seconds East 1323.39 feet; thence North 89

degrees 28 minutes 16 seconds East 331.89 feet; thence South 00 degrees 14 minutes 10

seconds West 1323.07 feet; thence South 89 degrees 25 minutes 26 seconds West 334.8

feet to begitming.

Parcel25:

Part of Southwest Y4 of Section 9, Town 4 North, Range 7 East, Township of Rose,

Oakland County, Michigan: Beginning at point distant N01th 89 degrees 25 minutes 26

seconds East 1302.92 feet and N01th 01 degrees 27 minutes 25 seconds East 651.89 feet

from Southwest section corner; thence North 01 degrees 27 minutes 25 seconds East

651.90 feet; thence North 89 degrees 25 minutes 26 seconds East 668.36 feet; thence South

00 degrees 54 minutes 00 seconds West 651.76 feet; thence South 89 degrees 25 minutes

25 seconds West 675.31 feet to beginning.

Parcel29:

That part of Southeast '/4 of Section 9, Town 4 North, Range 7 East, Township of Rose,

Oakland County, Michigan, lying West ofPM RR Right of Way.

Pmt of the SW '/4 of the SW 'i4 Section 9, T4N, R7E, Rose Township, Oakland County,

Michigan, described as beginning at a point on the west line Section 9, located N 01 o 29'

27" E 670.86 ft from the SW comer Section 9, T4N, R7E; Th continuing N 01° 29' 27" E

335.42 ft along said west line Section 9; Th S 89° 32' 27" E 1320.57 ft; Th S 02° 29'55" W

335.77 ft; Th N 89° 31 ' 57" W 1314.66 ft to the point of beginning. Containing 10.15

8

7 A-9


acres and excepting the rights of the public over the W'ly 33.00 ft for Fish Lake Road.

Also excepting any other easement or restrictions of record, if any.

Parcel22:

Part of Southwest ~ of Section 9, Town 4 North, Range 7 East, Township of Rose,

Oakland County, Michigan: Beginning at point distant Nmth 89 degrees 25 minutes 26

seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet

and North 89 degrees 25 minutes 26 seconds East 334.18 feet from Southwest section

comer; thence N01th 00 degrees 32 minutes 03 seconds East 1324.01 feet; thence North 89

degrees 28 minutes 16 seconds East 331.88 feet; thence South 00 degrees 26 minutes 05

seconds West 1323.70 feet; thence South 89 degrees 25 minutes 26 seconds West 334.18

feet to beginning.

All of the above parcels now known as part of PIN: 06-09-300-020

9

7 A-10


EXHIBIT B

The Right of Way and Easement Grants are recorded in the Oakland County

Regjstcr of Deeds Office at the following locations::

Liber 5364 Pager 498;

Liber 5364 Pager 502;

Liber 5364 Pager 505;

Liber 5364 Pager 508;

Liber 5364 Pager 51 1;

Liber 5364 Pager 514;

Liber 5364 Pager 517;

Liber 5364 Pager 520;

Liber 5364 Pager 523;

Liber 5364 Pager 526;

Liber 5364 Pager 529.

10

7 A-ll


~

SITE DEVELOPMENT MAF

Rose Oaks County Park

MNRTF Trails I

Enbridge Energy I

CSX Access

Legend

.:::J Park Boundary

Q Parl\ing Lot: Road

Hydric Features

...,..,___ Waterway

ParkTrails

STATUS

= Enbridge Pipeline Location

• • • • • • Future ; Proposed Trail

-- Existing Trail

== Proposed Boardwalk

UPDATED

OCT 11 2012

----====------~ Fee t


J

..

..

.. .

.

ROSE OAKS COUNTY PARK

10400 Fish Lake Rd

Holly, Ml 48442

ParkTrails

STATUS

Existing Trail

· ······ ·· Future Trail

;;;;;;;;;;;;;;;~ Proposed Boardwalk

Q Parking Lot; Road

E=:J Park Boundary

Hydric Features

Pipeline & Boardwalk Section

Enlarged to show detail

--===::::~---• Feet

0 200 400 800


@"AKLANDCOUNTYPARKS

OAKLAND COUNTY PARKS & RECREATION

COMMISSION AGENDA

OCTOBER 22, 2012

AGENDA ITEM No. 7 B

ADMINISTRATION

To: Chairman Fisher and Commission Members

From: Daniel J. Stencil, Executive Officer

Submitted: October 16, 2012

Subject: CSX Letter of Intent to Eliminate Railroad Grade Crossing at Rose Oaks County Park

INTRODUCTION AND HISTORY

Oakland County Parks staff received correspondence in late 2011 from CSX Transport, Inc. expressing their

desire to eliminate the private railroad crossing at Rose Oaks County Park west of Buckhorn Lake Road, just

north of Davisburg Road. (See enclosed map.)

In negotiations between Parks staff, Corporation Counsel, and representatives of CSX Transport, CSX has

informed us that it is their intention to permanently eliminate this crossing and has offered to pay the Parks

Commission the sum of $10,000 as compensation. (See enclosed correspondence.)

ATIACHMENTS

Correspondence from CSX Transport, Inc.

Proposed AgreemenULetter of Intent with CSX Transport, Inc.

Proposed Resolution Approving Proposed CSX Transport, Inc. Agreement

Rose Oaks County Park Map showing location of CSX Crossing

STAFF RECOMMENDATION

Staff recommends the OCPRC Commission adopt the attached resolution regarding the agreement from

CSX Transport, Inc. as presented, regarding the elimination of the grade crossing in Rose Oaks County Park.

MOTION

Move to adopt the attached resolution regarding the Agreement/Letter of Intent from

CSX Transport, Inc. concerning the elimination of the grade crossing in Rose Oaks County Park, as

presented.

7 B-1


[ csx ]

•• • ••

Date: September 21,2012

6737 Southpoint Drive South, J I 80

Jacksonville, FL 322 I 6

Division Chicago

Subdivision Saginaw

Letter of Intent to Eliminate Railroad Grade Crossing

This letter will serve as a follow up to our conversation, September 20, 2012 regarding

the private crossing located in Oakland County, MI at DOT Number 232321X Milepost

Location CC 52.35 which currently provides access to property located at:

W. Rattalee Rd, Holly, MI

As discussed, CSX Transportation, Inc. (CSXT) is in the process of reviewing public and

private grade crossings across its system. An on-site investigation revealed that the

alternate access exist to the property via Buckhorn Lake Rd.

In our conversation the County of Oakland agreed to have CSXT permanently remove

the crossing described above. CSXT agrees to pay the County of Oakland the lump sum

of $10,000.00 in consideration for the permanent closure and removal of the

aforementioned crossing, provided that; (1) the County of Oakland provides of a copy of

the deed to the property verifying the County of Oakland's ownership of the same, and

(2) the County of Oakland extinguish all contractual, statutory, deeded, common law, and

other rights to the above crossing and all future crossings at this location to CSXT's sole

satisfaction. CSXT will not disburse payment to the County of Oakland until all

necessary documentation is fully executed and returned to CSXT.

CSXT acknowledges the continued use of the crossing may be necessary for a short

period of time not to exceed 10 months from the execution of this letter of intent. Any

extensions must be approved by CSXT in writing.

This offer will be withdrawn October 30, 2012, and the terms of this letter agreement will

have no further effect.

Please sign below to indicate the County of Oakland acceptance of these terms.

Printed Name -----------------------------------------

Signed ---------------------------Dated---------------

Offered By: Sherry Millard

CSX Transportation, Inc.

7 B-2


In order to process the disbursement of funds connected with the closure of the following

crossing, please fill out the following items completely.

Payee Name ______________________________________________

Street Address ___________________________________________

P.O. Box ________ _

City __________

State -----------------------

ZIP ______

Work Phone (__)______ _ ___

Home Phone(__) ______ ____ _

Cell Phone (_)_____ _ _ _

FAX(_) _ ___ ___ __

E-mail address -------------------------------

Preferred communication method (Circle one)

Phone USPS E-mail Fax

Business or Individual (Circle one)

Type of Business (Circle one)

Sole Proprietor/Individual Corporation LLC Non-Profit Partnership

Is the Payee related to a CSXT employee Yes No

If yes, employee name _____________________________

Important: Once this infom1ation is entered into the CSXT system, the payee will be

contacted by a CSXT Representative via preferred communication method above and

will be asked to provide a completed W-9. This information is required for payment.

7 B-3


RESOLUTION

WHEREAS, the County of Oakland owns 640 acres in Rose Township known as

Rose Oaks County Park; and

WHEREAS, the CSX Railroad follows the eastern boundary of Rose Oaks

between its northernmost boundary near Rattalee Lake Road and the intersection of

Davisburg and Buckhorn Lake roads; and

WHEREAS, as part of a system-wide initiative, CSX Transport Inc. is eliminating

all private grade crossings, one of which crosses Rose Oaks; and

WHEREAS, through negotiations between CSX Transport, Inc. and Oakland

County Corporation Counsel, CSX Transport Inc. has offered a one-time payment of

$10,000 as compensation for the elimination of the grade crossing in Rose Oaks County

Park.

NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and

Recreation Commission recommends the Oakland County Board of Commissioners

approve to accept the one-time payment of $10,000 from CSX Transport, Inc. as

compensation for the elimination of the grade crossing in Rose Oaks County Park and

execute the Letter of Intent to Eliminate Railroad Grade Crossing dated September 21 ,

2012.

Moved by ________________________ __

Supported by ____________________ ___

Date: ____________________________ __

7 B-4


~

SITE DEVELOPMENT MAF

Rose Oaks County Park

MNRTF Trails I

Enbridge Energy I

CSXAccess

Legend

.::J Park Boundary

Q Parking Lot; Road

Hydric Features

-.1'\...o--- Waterway

ParkTrails

STATUS

= Enbridge Pipeline Location

• • • • • • Future ; Proposed Trail

-- Existing Trail

=== Proposed Boardwalk

UPDATED

OCT 11 2012

...... -=====~~ ........ ~ F~ t

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