RESOLUTION to APPROVE the Payment Agreement and Release

ADOPTED - SEPTEMBER 22, 2015

AGENDA ITEM NO. 16

Introduced by the County Services and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION TO APPROVE THE Payment Agreement and Release

with Enbridge Energy, Limited Partnership

RESOLUTION # 15 – 345

WHEREAS, the former Ingham County Road Commission (ICRC) and the Ingham County Road Department (ICRD) approved various road permits for Enbridge Energy, Limited Partnership, its affiliates, contractors and subcontractors (Enbridge) for various Enbridge projects, including but not limited to Enbridge’s Petroleum Products Line 6B Replacement Project, Line 79 Project, expansion of Enbridge’s Stockbridge Terminal, and the utility line enhancement and relocation pertaining to Enbridge’s Stockbridge Terminal (Projects); and

WHEREAS, pursuant to the terms of the permit applications and the permits, Enbridge had certain duties including, but not limited to, the obligation to restore the road and right-of-way to a condition equal to or better than its condition before the work began; and

WHEREAS, the ICRD and Enbridge inspected the roads at issue and negotiated the terms of a Payment Agreement and Release through their respective legal counsel; and

WHEREAS, Enbridge will make a lump sum payment to the County of Ingham, in return the County will release Enbridge from claims, actions and demands related to the permit applications and permits as described in the Payment Agreement and Release; and

WHEREAS, per the Payment Agreement and Release, the County of Ingham, through the ICRD, in its sole discretion and judgment may perform or not perform, any repair or work to the roads impacted by Enbridge; and

WHEREAS, ICRD staff will however work with the four townships, White Oak, Stockbridge, Bunker Hill, and Leslie, to allocate the proceeds from the Payment Agreement and Release to various road repairs related to the Enbridge pipeline projects.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes entering into the Payment and Release Agreement with Enbridge Energy, Limited Partnership.

BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners authorizes the Board Chairperson to sign the Payment and Release Agreement consistent with this resolution and approved as to form by the County Attorney.

COUNTY SERVICES: Yeas: Koenig, Crenshaw, Banas, Bahar-Cook, Hope, Maiville

Nays: None Absent: Celentino Approved 9/15/15

FINANCE: Yeas: Anthony, Bahar-Cook, Tennis, Tsernoglou, Schafer, Case Naeyaert

Nays: None Absent: McGrain Approved 9/16/15