MICHIGAN NATURAL RESOURCES TRUST FUND GRANT Agreement

The following was adopted at the March Village Council Meeting:

Motion to adopt Resolution 2017-3, Support of The Village of Bear Lake submission of application to the Michigan Natural Resource Trust Fund for Development of a universally accessible canoe/kayak floating dock, and fishing pier & other amenities at Hopkins Park by Bass, seconded by McPherson. Motion carried.

Aye: Bass, McPherson, Johnson, Schroeder, Bair

Nay: None

Absent: Ronning

RESOLUTION No. 2017-3

SUBMISSION OF APPLICATION TO THE MICHIGAN NATURAL RESOURCES TRUST FUND FOR DEVELOPMENT OF A UNIVERSALLY ACCESSIBLE CANOE/KAYAK LAUNCH, FLOATING DOCK, FISHING PIER AND OTHER AMENTIES AT HOPKINS PARK

WHEREAS, the Village of Bear Lake supports the submission of an application titled, “Hopkins Park Development” to the Michigan Natural Resources Trust Fund for development of a universally accessible canoe/kayak launch, fishing pier, floating dock, restrooms, ADA parking and other amenities at Hopkins Park; and,

WHEREAS, the proposed application is supported by the Community’s 5-Year Approved Parks and Recreation Plan; and,

WHEREAS, the Village of Bear Lake has made a financial commitment to the project in the amount of $49,200.00 matching funds, in cash and/or force account; and,

WHERAS, Bear Lake Township has made a financial commitment to the project in the amount of $49,200.00 matching funds, in cash and/or force account; and,

NOW THEREFORE, BE IT RESOLVED that the Village of Bear Lake hereby authorizes submission of a Michigan Natural Resources Trust Fund Application for $295,100.00, and further resolves to make available its financial obligation amount of $98,375 (25%) of a total $393,500 project cost, during the 2017-2018 fiscal year.

AYES: 5

NAYES: 0

ABSENT: 1

MOTION APPROVED.

I HEREBY CERTIFY, that the foregoing is a Resolution duly made and passed by the Village of Bear Lake at their regular meeting held on March 15,2017, at 7 p.m. in the Bear Lake Village Hall, with a quorum present.

 

Clerk

GRANT AGREEMENT CONCERNING THE MICHIGAN NATURAL RESOURCES TRUST FUND GRANT ENTITLED “HOPKINS PARK DEVELOPMENT”

THIS AGREEMENT is made to be effective this day of , 2017, between the Village of Bear Lake, a Michigan general law village, whose address is 12376 Virginia Street, P.O. Box 175, Bear Lake, Michigan 49614 (the “Village”) and Bear Lake Township, a Michigan general law township, whose address is 7771 Lake Street, P.O. Box 187, Bear Lake, Michigan 49614 (the “Township”).

Recitals

A. The Village is the applicant for a Michigan Natural Resources Trust Fund Grant (the “Trust Fund Grant”) (Grant No. TF17-0168), entitled “Hopkins ParkDevelopment” in the amount of $295,100 for the purpose of developing the following amenities within Hopkins Park: (1) a universally accessiblecanoe/kayak launch, (2) a fishing pier, (3) restrooms, (4) parking facilities in compliance with the Americans with Disabilities Act, and (5) other amenities (the“Park Project”).

B. The parties desire to work cooperatively to support the development and maintenance of the Park Project as a regional recreational and economic asset under the terms and conditions of this Agreement.

C. The parties, therefore, desire to specify their respective rights and obligations concerning the administration of the Trust Fund Grant and the development and maintenance of the Park Project in this Agreement.

Agreement

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows:

  1. Contingencies; Termination. This Agreement is expressly contingent on any of the following:

a. The full and complete funding of the Trust Fund Grant by the Michigan Legislature in an amount acceptable to the parties.

b. The actual payment of the Trust Fund Grant matching funds by each party as specified in this Agreement.

2

c. The parties’ agreement in writing on the final development plans for the Park Project.

d. The parties’ agreement in writing on the final construction costs for the Park Project.

In the event any of the above contingencies fail, then either party may terminate this Agreement upon seven (7) days written notice to the other party.

  1. Utilization of Trust Fund Grant. The Village, as the Trust Fund Grant applicant, shall be responsible for compliance with all requirements of the Trust Fund Grant and shall use its best efforts to maximize the amount of grant funds that can be used for construction costs for the Park Project.

  2. Matching Funds. Each party shall be responsible for paying FIFTY PERCENT (50%) of the Trust Fund Grant matching funds requirement. Currently, the matching funds requirement is $98,366.00, with each party contributing $49,200.00. Each party may contribute its matching funds requirement by cash and/or in-kind contributions that comply with all requirements of the Trust Fund Grant regulations. In the event third parties make contributions toward the matching funds requirement, then all such contributions shall be allocated equally between the parties.

  3. Final Park Project Development Plans. The parties have agreed upon preliminary development plans for the Park Project, which were included in the Trust Fund Grant application. In the event the Trust Fund Grant is awarded by the Michigan Natural Resources Trust Fund, the parties hereby agree that they will negotiate in good faith to approve final development plans for the Park Project. Any such agreement shall be in writing and approved by the legislative body of each party.

  4. Park Project Construction and Oversight. The Village in conjunction with its engineering consultants shall be responsible for the development of the bid specifications for the Park Project. Once construction bids are opened the Village shall send the Township a copy of all the bids. The parties hereby agree that they will negotiate in good faith to approve the best construction bid and costs for the Park Project. Any such agreement shall be in writing and approved by the legislative body of each party. Following the approval of the construction bid and costs by the parties, the Village shall formally the award the construction contract for the Park Project to the successful bidder. The Village shall be responsible for the oversight and administration of the Park Project construction in compliance with the terms of the Trust Fund Grant funding requirements.

  5. Excess Park Project Costs. In the event that the total costs for the Park Project exceed the sum of (1) the amount of money actually covered by the Trust Fund Grant, (2) any matching funds, and (3) any financial contributions to the Park Project from third parties, then the parties hereby agree that they shall contribute equally to pay any such excess costs.

  6. Park Project Maintenance. After construction of the Park Project the Village shall be responsible for the actual maintenance and repair of the Park Project. The Village shall be financially responsible for ONE HUNDRED PERCENT (100%) of the maintenance and repair costs for the fishing pier. The Township shall pay to the Village ONE HUNDRED PERCENT (100%) of the maintenance and repair costs for the canoe/kayak launch and shall pay to the Village FIFTY PERCENT (50%) of the maintenance and repair costs for the restrooms and parking facilities. The Village shall annually, on the date mutually agreeable to the parties, send the Township a written, itemized statement of the actual costs incurred by the Village in the preceding year for the maintenance and repair costs for the canoe/kayak launch, restrooms and parking facilities. The Township shall pay the Village for its share of these costs within forty-five (45) days of the date of the written statement.

  7. Indemnification. Each party shall indemnify and hold harmless the other party, its public officials, officers, successors, assigns, agents, servants, employees, and insurance companies from any damages, legal fees or expenses, awards, demands, rights, causes of action, including but not limited to, causes of action for indemnification, or recovery of any liens of any kind or nature, losses, claims and actions which may, do, or shall arise out of or grow out of that party’s duties and obligations contained in this Agreement. This provision shall apply to any and all claims by either party, its public officials, officers, agents, servants, employees, successors or assigns or to any and all claims by any third party.

  8. Notice. All notices permitted or required hereunder shall be in writing and either mailed or personally delivered to the address above stated addressed to the Village Clerk on behalf of the Village and addressed to the Township Clerk on behalf of the Township. If by mail, notice shall be deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, and addressed to the party to whom notice is directed. If by personal delivery, notice shall be personally delivered to the party to whom notice is directed.

  9. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the enforceability or validity of remaining provisions and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted.

  10. Waiver. No term, condition, covenant or provision contained in this Agreement may be waived except in a writing signed by the waiving party. No oral statements, course of conduct or course of dealing shall be deemed a waiver.

No waiver by any party hereto of any violation or breach of this Agreement shall be deemed or construed to constitute a waiver of any other violation or breach, or as a continuing waiver of any violation or breach.

  1. Applicable Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of Michigan.

  2. Counterparts. This Agreement may be executed in two counterparts, each of which shall be deemed an original but all of which shall constitute one instrument.

  3. Amendments. This Agreement may be amended by the mutual consent of both parties that is documented in writing and signed by both parties.

  4. Entire Agreement. The Agreement contains the entire Agreement of the parties hereto and supersedes all prior agreements and understandings, oral or written, if any, between the parties.

  5. Assignment. This Agreement may not be assigned by either party, in whole or in part.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be

effective on the day and year first above written.

VILLAGE OF BEAR LAKE, a Michigan general law township

By: _________________________________________

Jeffery Bair Its: President

Dated: ________________________

BEAR LAKE TOWNSHIP, a Michigan general law township

By: ________________________________________

Jeffery Harthun Its: Supervisor

Dated: ________________________

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