HomeMy WebLinkAboutResolutions - 2011.10.20 - 18763MISCELLANEOUS RESOLUTION -#11252 October 20, 2011
BY: Planning and Building Committee, David W. Potts, Chairperson
IN RE: BUILDING AUTHORITY - RESOLUTION APPROVING FORM OF SUBLEASE BETWEEN THE
COUNTY OF OAKLAND As LESSOR AND THE CITY OF OAK PARK AS LESSEE REGARDING THE
CITY OF OAK PARK ADMINISTRATIVE CAMPUS PROJECT LOCATED IN THE CITY OF OAK PARK,
OAKLAND COUNTY, MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, there has been prepared and attached hereto as APPENDIX A, a form of sublease
(the 'sublease") between the County of Oakland (the "County") and the City of Oak Park (the 'City")
whereby the City will sublease certain real estate described therein from the County for up to twenty-five
25 years; and
WHEREAS, the Sublease cannot be completed and executed until the bonds are sold.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF OAKLAND, MICHIGAN, as follows:
1. The Sublease, in the form attached hereto as APPENDIX A, is hereby approved.
2. The blanks contained in the Sublease shall be completed by the Chairperson of the Board of
Commissioners of the County alter the bonds are sold which will include inserting the debt
retirement schedule for the bonds.
3. The Chairperson of the Board of Commissioners of the County and the County Clerk are hereby
authorized to execute and deliver the Sublease once the blanks therein have been completed.
4. All resolutions and parts of resolutions, insofar as they conflict with the foregoing resolution, are
hereby rescinded.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with `Woodward absent.
SUBLEASE
THIS SUBLEASE ("Sublease") made as of November 1, 2011 by
and between the COUNTY OF OAKLAND (the "County"), a State of
Michigan Constitutional and Municipal Corporation and the CITY
OF OAK PARK he "City"), a municipal corporation located in the
County of Oakland, SF Fa of Michigan organized and existing
under tne Nome Rule City Act.
vAr TNESSEIII:
WHEREAS, the Oakland County Building Authority (the
"Authority") has been incorporated by the County for the purpose
of acquiring, furnishing, equipping, owning, improving,
enlarging, operating and mintaining a building or buildings,
automobile parking lots or structures, recreational facilities
and stadiums, and the necessary site or sites therefore, for the
use of the County; and
WHEREAS, the County desires to undertake a project to
construct, reconsuruct, rehcvate, furnish, equip, refurnish and
re-equip various buildings ol the City in Lineir administrative
campus which will i ncisde renovations to the library, water
administration, recreation center and 4Th District Court all
located in the City as mere fully described in APPENDIX A to
this Sublease (the "Project"), and it is proposed that the
AuChority lindertake the Project as more fully described in a
certain Full Faitn and Credit General Obligation Lease Contract
(the "CornLy Pease") purcuanJ to which Lae Project is being
acquired by the AuthoriLy lor Lae County; and
WHEREAS, once the Authority has acquired the Project the
County wishes to sublease Is to the City pursuant to the terms
of this Sublease;
WHEREAS, the Cu air and City agree that the Project may be
used by the County, at no cos:, as sf forth in Appendix C.
THEREFORE, IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND
AGREEMENTS SET FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES TO =IS SUBLEASE AS FOLLOWS:
1. Authorization and issuance of Bonds.
(a) The CounLy intends to cause the Authority to issue its
building autnorlly bonds in the aggregate principal
amount of not LO exceed $6,b00,000 (the "Bonds") for
the purpose of defraying part or all of the cost of
The Project. The Bonds are to be dated November 1,
2011 or the first day of any later month in 2011 or
2012 and Bear interest at a rate that will result in a
net interest eost of rot Lc exceed 82 per annum.
Inierest shall be cayabie semi-annually on and shall
begin as spec -ljled in the Bond Resolution. until
maturity of ene Bonds and shall mature in accordance
with the Cent Retirement Schedule set forth on
APPENDIX B to Lhis Sublease. Each date on which any
payment of principal of and/or interest on any Bond is
due is referred to herein as a "Bond Payment Date."
Inc Bonds may be payable on the first day of a
different monzn if necessary to match rental income
paid to the County.
(b) Inc County and the City recognize and acknowledge that
(a) such DebL Retirement Schedule is based upon an
assumed interest mate and date of issuance of the
Bonds and assumed. Bond Payment Bates, all as set forth
in APPENDIX 3, (b) the Bond Payment Dates will be
specified in Lhe Bond Resolution, (c) the date and
amount of each payment of cash rental required under
this Sublease will be determined (subject to the
limitations expressed in the preceding paragraph of
this Section) when the Bond Resolution is adopted by
Liu Authority and the Bonds are sold, by application
of the rate ••f raLes of interest (that will result in
a net intere:' cost_ not exceeding 8% annum) actually
borne by thp •••hHs.
(c) The Bonds shall be sold. subject to redemption prior to
maturity at the opIion of the AL]thority and at the
direction of tte City Manager. The Authority agrees
that upor . request of the City if shall redeem the
Bonds; provided Lie CiLy has deposited or will deposit
sufficient money to permiL such redemption with the
Authority prior to calling the Bonds.
(d) In the event that for any reason after the date open
which this Subl• use is executed, but before the Bonds
have been isst.. it_ appears to the County and the
City that tha _ of the Project to be paid by Bond
proceeds can ly —complished for less than $6,500,000,
the County shall cause the Authority to reduce the
amount of Bonds to be issued in multiples of $5,000
and reduce rfln annual maturities or the years of
maturities as Lhe County shall directl and as approved
by the City Manager.
2. Acquisition of Land. and. Project. The Authority will
acquire the land and Ihe 'Project from the City of Oak Park
by Warranty Deed.
3. Maximum Project Cos Ls The construction of the Project
sna -fi occur after issuance of the Bonds and the maximum
cost of Lhe Project to be financed by the Bonds cannot
exceed $6,500,000.
4. Structural Alteration, Maintenance, and Repair Insurance
Requirements. ln the event any work or construction is
done on the Protect, the City shall require any contractor
or sub-contractor that will be performing . work on the
Project to secure and. maintain the following bonds and
insurance: ha) hid, performance, payment and maintenance
bonds, (b) Owners and Contractors Protective Liability,
(c) Commercial General Liability, (ci) Workers Compensation
and Emoloyers Rhalhility„ M Commercial Automobile
Liability,(p)
db, Builder's Risk, and (g) Professional
Liability or Prrors and Omissions Liability as applicable.
All policies, witi . the exception of workers' compensation,
must name the Authority, the County and the City as
Additional or Named Insuredd and provide 30-days written
notice of cancebbiation, non-renewal or material change.
Such bonds and insurance coverages, and the amounts
thereof, shall be determined. by and apbroved by County's
Risk Management Department. The City shall be responsible
for hiring and contracting with all contractors to perform
work on the Project. The City shall be responsible for
submitting all invoices or requests for reimbursement for
work on the Project to the Authority for payment. Within
forty7five (45) days of receipt of the invoice or request
for reimbursement by the Authority, the Authority shall pay . . . . . . . y . . .
the invoice or reimburse the monies. The invoice or
request for reimbursement by the City shall be submitted in
Las manner and accompahied with the documentation as
• requested by the AuLhoiity.
5. Sublease Term): Possession.
(a) Subtect to its use provided. in Appendix C, the County
does hereby sublease Sct Project to the City for a
term commencinq . on the effective Cate of this Sublease
(determined as prbvided in. paragraph 22) and ending on
December 31, 2036. Possession of the Project, subject
to the Sublease, shall vest in the City upon the
effective ddte of the Sublease. The City agrees to
use the Project solely for lawful purposes.
Kb) Upon retirement of the Bonds, the County agrees to
cause the Authority to convey the Project to the City
without consiberatron.
(c) Upon termination. of this Sublease in the manner set
forth above, the County shall promptly pay over to the
City any and. all -funds held by it pertaining to the
Ponds or in any other manner all to the Project.
6. Cash Rental.
(a) Amount of Payment. The City hereby agrees during the
term. of this Sublease or any renewal hereof to pay to
Lhe County as cash rental for the Project such
periodic amounts as shall be sufficient Lo enable the
County to meet Ifs payments Lo the Authority on the
Project to pay Lhe principal of and interest on the
Fonds as such prjncipal and interest shall become due,
H ether at malbeity or by redemption. During the term
of the Sublease or any extensions thereof, the City
shall pay to the County, at least 30 days before each
Bond Payment Date, an amount suffjcient to pay the
principal and/or inierest due on the Bonds on such
Bond Payment Date.
(b) Payment from. Gen. ral Fund or other Funds. The City
hereby agrees to i ,yi tne cash rental payments required
Dv Section 6, ,0: • uo, from its general fund or such
other funds as the City may designate. The obligation
of the City Le make such cash rental payments shall
not be subject to any bet -off by the City nor shall
there be any abaremert of the cash rental payments for
any cause, including, but not limited to, casualty
Chat results in the Project being untenantabie.
(c) Right of the Country to Affect Amounts due to the City
from the Oaklahd County De]inquent Tax Revolving Fund.
In the event that the City has failed to make any
payments on tne Bonds to Lho County on the date such
payment is due; thdiea -ter, any time the County owes
to the City an amount due from the Oakland County
Delinquent May Fevnbviing Fund, the County shall, prior
to making any payments to the City, deduct from the
amount of shen payment the amount due on the Bonds
QIIS interest on that amount from the date due to the
date witnneid at the rate of one percent (1%) per
month and pay that gmouht to itself. Thereafter, the
County shall pay whatever balance remains owing to the
City from the Delingueht Tax Revolving Fund.
7. Txpenses of ISSUMQ and Payment of Bonds. The County shall
cause the Authorjty to pay -from the proceeds of the sale of
Lao Bonds all i•in •nses incur -nee with respect to the
issuance of the ••inds. The City agrees to pay to the
County, in additian Lo the cash rental provided for in
Section 6, all expernes incurred with respect to the
issuance and oayment of The Bonds, to the extent not so
paid from the proceeds Lrom the sale of the Bonds.
8. Maintenance and Repairs. The City shall, at its own
expense, operate and maintain the Project and shall keep
the same in good cone 2 tion and repair. If the City decides
not to operate the Project for any period of time it will
or ill keep the Project in good repair so as not to endanger
any other properties or the general public. Operation and
maintenance shall include, brt not be limited to the
following: tho provision of all personnel, equipment and
facilities; the Provision of all light, power, heat, water,
sewerage, drainage nnd other utilities; and the provision
of ail properties -ire s•rvices of whutever nature, as shall
ne necessary or -it. tient in the efficient and lawful
oneration and maini nance of the Project. The obligation
of the City to pay all costs and. expenses of the operation
and it of the Project shall be a general
oblication of tne City.
9. Insurance Proeceds Ai insurance proceeds shall be payable
to the Citv, Lhe County, and the Authority as their
interests may a -Pt:Dear. In the event of the partial or total
destruction of Lhe Project, or li the Project is for any
reason made unusable, lto cash rental payments provided in
Section 6 shall continue unabated. The City shall have the
option to use the prodeeds of insurance, in the event of
loss or damage to tho Project, for the repair or
restoration of the linct. If the City shall determine
not to use Lho proceeds of insurance for the repair or
restoration of the Project, the amount of such insurance
proceeds shall be pdid • the County and by it paid to the
Authority which shall •:sasit the same in the bond and
interest redemption. o r , and ine City . shall receive
appropriate credits on future cash rental payments due
under this Sublease The City's obligation for the
payments provided in Section 6 shall continue until the
obligation is satisfied, and shall not be extinguished or
compromised by paying over any if proceeds to the
County as contembiated in this Section 9. Any insurance
proceeds in excess of the amount necessary to retire the
Bonds in flail shall be retained by the City.
1C. Insurance Reouirements.
(a) Insurance The tilt snail provide and maintair. at its
own expense during the Lerm of this Sublease or until
tho Ponds are retired, all insurance as set forth
below, to ploLect the City, the County and the
Authority from ,nd dpainst ail claims, damages, losses
and expenses ie i - lino injury to nersons or damages to
property, inpeedd by season of the ownership,
possession, J- ., operation, leasing, maintenance,
repair or consfruetich of the Project and the site of
the Project:, or resulting from any acts of omission or
commission on Luc part of the City and their
contractors or sub-contractors, the County or the
Authority or thetr respective officers, employees or
agents in the connection with the Project. Such
insurance shall be effective upon the effective date
of this Subfease.
(6 ) Coverage 'equired;
(I) CommetoLil teleral Liability insurance with a
limit n' liaf''Ly of not less than $5,000,000
eacn )00L a. CoverLge shall no on an
occur -for-a Loam and include premises and
operations, prodLats and combleted oberatfons,
persorhhi hid adveltising injury, inuependent
contractors, contractual liability including
coverado Ior obligati ars assumed in this
subleac ,, blood LOEM prooerty damage, and
explosLoh, soLhpse arid Lndergrofnd coverage.
Commercia Automobile Liability insurance with a
combined single limit of no less than $1,000,000
each occurrence covering bodily injury or
property damage 'Lability arising out of the use
of any owned, hired, and non -owned vehicles.
Worke's wompdrsation insurance, Coverage A, with
li.fits sr“-ntatiLy required by any applicable
Fedora_ o_ -;r,nte Law Lind Employers Liability
Inshfante, Coverage 6, witn minimum limits ci no
less than L 0 0,000 each accident, $500,000
disease t empaoyee, and 0500,000 disease
ptrld
(4) PublPe Offcials Lability with a minimum limit
of no -P9 Lhan $,000,000 each occurrence.
(.15) The City shall Provide Real Property Insurance to
insure _he rucs7:t for the full One Hundred
Percent (10(n) replacement cost value. Coverage
at be on a special form, full replacement cost
das's a ablect to a maximum per occurrence
deductdblo os $5,000. Flood and Earthquake
coverages 0shall also be carried with minimum
liattlfs of ho less than $5,000,000 each
occurrence, per coverage with a maximum
deductAnle not to exceed $5,0( 0 per occurrence,
per coverape
f In event of any loss not covered
by Lne City's insuf6=e, the County shall have
the right to enter tne Project and cause it to be
rendered safe so that there is no danger from the
Project to any adjacent property or the general
oublie drd to charge the City as additional rent
tC e cost thereof and fecover it, if necessary, in
accordance wiLh its rights to affect amounts due
La Lho eisy hinc Paragraph 6;c).
HS) The coverage ambunts set forth may be met by a
combination of primafy liability and umbrella or
excess liab:IiLy polic'es. Coverage under such
(2)
poliEiTT:s snail be no less than following form of
primary coverages or broader.
Rehtai/Use of froject by Others: Prior to the use of
the Project_ by ertjties other than the City, the City
Ha ll require Lhe entity to secure and maintain all
insurance d'.7; icrlh below, to protect the City, the
County and Lie jnithorily Lf0M and against all claims,
damages, lodso.• nnd expenses including injury to
persons or dam !.j Lc property which may arise out of
Of result from tne enfity's use of the Project. This
subparagrapd sndLI not anply to library or recreation
department room rentals 70 citizens and citizen groups
in accordance witg C'ty policy.
COMMUCLII liahilitv insurance with
nt,liaLL1 :y of in 'ess than $1,000,000
each offu --ece/$3 ,000,000 General Aggregate.
(OV:ToLociP shell he or an occurrence form and
ineInde piefises end operations, products and
completed ope -afjons, personal and advertising
injtrv, indopendent contractors, contractual
-'ahilily, aid Orced form property damage.
(2) Commercjal Aftomobile Liability insurance with a
combined H. limit of no less than $1,000,000
each °cc:J.—A fro covering bodily injury or
property d .,inge liability arislng out of the use
of any owned, hired, and non-owned vehicles.
Workers Compensa.ion Insurance, Coverage A, with
i'miL 1 1 eguircd by any applicable
wederal or adve law and Employers liability
fnsfraho, Coverage B, with minimum limits of no
,ess tnnu ,m,000 each accident, $300,000
disease. eacr employed, end $300,000 disease
Policy
(d) no a_ Reqdlrements: These general requirements
shall_ apply to the 'Thc.y and ail other entities using
He Project.
-nsurando pcIP:des shall be issued by companies
lieensed or approved to in business within the
State of hichigan.
(2) Insurers shell possess a minimum A. B. Best rating
of A6 (or) Thy insurer or Municipal Pool as
H eemed acceptable by Lne Oakland County Risk
Managcr.
( ) ALL ii II c-Ficies, with t he exception. of
WoihKers' Comporealion shall be endorsed to name
I he County it Oakland, A Michigan Constitutional
(1 )
E73)
(1)
and Muhreibsl Co -poration, and the Oakland County
Bu'idln- Authority and ary and all agents,
officers, employees, ahd volunteers as
"AddlLibuai flasnreds".
(4) Special norm Properly insurance shall be endorsed
to name the County of Oakland, A Michigan
ConsfiLuLnonan and Municipal Corporation and the
Oakland CoJnty Building Authority as
Mortgagee/hoes payee with respect to the Project.
(5) Any and deductibles in the required insurance
bolHcies snall be assumed by and be at the sole
risk or Ine City and other entities using the
Project.
All poilci. . of insurance shall be on a primary,
non-cdntri•JM,gry basis wich. any other insurance
ahe/or selfeinsurancd carried by the County
and/or tnd Authority.
•(7) AL' per'cies chali brovide a minimum 60 days
wriffoa nbtihe 70 the Coun._y arid The Authority,
vie (5t. .L mail, of oancellation, non-renewal
or motel's] change Lb any and all policies
rodu'ied vroeu the contract. Renewal
cerLificAL6d -r insurance must be provided at
least le days prior to the expiration of all
bo )cles.
(F) CounLy's Inc Authority's Rights to Amend
ReduiremenLn The County and the Aathority,
thromgn hhd ,n CD).hLy's Department of Risk
Manageme.0 leserve the right Lo alter or amend
any thcnr, - require,ments, including the
amornts, b' listed LA ibis Sublease, as deemed
roasohnbb, sary)
11. No UnJawful Use Permitted/Liability.
(a) The Project sha'd be used for Lhose purposes permitted
TI Act No. 31, Public Acts of Michigan of 1948 (First
Extra Sessicu ), as amenced and shall not be used or
permitted to - used in any unlawful manner.
(b) The City sn,--bl be responsible for any damage to the
ProjocC gnai Is caused by fne City, its embloyees,
agents, kivitobs, volunteers, contractors or
subcontractors, or anv other persons permitted to use
the Project b- the City. If damage occurs to the
Project, the g_ly shall make the necessary repairs
andioT- ,••• to the satisfaction of the County.
If Li e aamago cannot be completed to the County's
satlsfacnion, no City shall reimburse the County the
(6)
actual cosf for repairing and/or replacing the damaged
property.
(c) To the exlient permitted by law, the City shall
indemnify, defend, and hold harmless the County and
Authority at ail times against any loss, injury or
liability Lc any persons or property by reason of the
acts, omissiohs dr negligence of Lhe Cify in the use,
misuse or non use of the Project Of from any act
omission., or negligence In, on or about the Project.
(d) The City shall, ar its own expense, make any changes
or alleratides ir, or. Of dbout The Project which may
be required. by any applicable statute, charter or
governmental regulation or order and shall hold the
County and the Authority harmless and free from all
costs or damages with respect thereto.
12. Alter-Lions of PI:enact. The City may install or construct -
or may fombve from, Lhe Project any equipment,
alructhres, and may make any alferafions to or
changes in, the Project. Any structural
To or structural changes to the Project shall
be approved tn writing by the Count y prior to the
commencement oi :lie alferations or structural changes; such
approval shall not ne unreasonably withheld.
13. Right of Inspection. The Courty and Authority, through its
officers, employees or agents, may enter upon the Project
al, any reasonable rime after reasonable notice during the
term of this Sublease for the purpose of inspecting the
Project and determining whether thc City is complying with
this SubTease.
14. Contractual Rights of Bondholders, Inasmuch as this
Sublease, and aTa a'illarly Lhe obligation of the City to
make cash refil.i payments to Lhe County, provides the
security for p,-_meru PI Lhe principal of and interest oh
the Bonds, it is hereby declarea that this Sublease is made
for the benefit oL the holders from time to time of the
Bonds as well as for Lhe benefit of the parties and that
such hoders sha have contractual rights under this
Sublease. In the evert of any default under this Sublease
on the part of Iiic eiqq, the County and the Authority and
The holders of the Bonds shall have all rights and remedies
provided by law. Tte parties shall not do nor permit to be
done any act, Inninding amending this Sublease that would
impair the '0 IL or the Bonds or the rights of the
holders of the Bonns. An amendment of this Sublease to
authorize the issuance of additional Bonds and providing
the payment of additionar as rentals for the payment of
such Bonds shall not be deemed to impair the security of
I he Bonds or the fIghfs of the holders of the Bonds.
Alter-Lions
in or upon,
fixtures Of
it
alterations
15. Appurtenant FacilijiLes. The site on which this Project is
Lo be located includes or will include, roadways, walks,
drives, barking ateas ahd landscaping which are of benefit
to and necessary Lc the 'fill use and enjoyment of the
Project, the eliy shall maintain such appurtenant
facLLLies in g( d rebaJr and cehdition, at no cost to the
County. Such . H _Lenoht (00 shall be available to
the users and oetuh ints of ine Project.
16. Successors and Asci.(ms. finis Sublease shall inure to the
benefit of, and - oinding upon, the respective parties
hereto and their •essofs and assigns. However, the City
shol' not make an assignment Lhat violates this Sublease
and shall noL rlii- an assignment bhaL would impair the
security of the E• 1; or the rights or -the holders of the
Bonds. Ail asstgrieht or subleases of this Sublease by the
City or its successors or ass'gns shall be approved in
writing by the Coungy.
17. Abandonment of Crobect( In. the cvent none of the Bonds to
finance Lhe Prelect ate Issued by the Authority on or
before December I, 2012, the Project shall be abandoned,
The Clty shall pay from available funds its share of
C xpenses of the Authority incurred to the date of
abandonment, ano h ,LhLher party shall have any further
obligations under thjs Sublease,
18. Consents, Notices, bee, The right to give any consent,
agreement or noLlec required or permitted in this Sublease
shall be vested, ih the case of the County, in its Board of
Commissioners, and in the case of the City, in its City
Council. Any notice required or permitted. to be given
under Lhis Sublease sha]] be given by delivering the same,
:n the rase of the Couhty, to the County Clerk, and in the
case of the City, Lo iLs City Clerk.
19. Changes in Thaw or Cornorate Stasus. Da the event there
shaTi occur changes Lh _he Constitution or statutes of the
State of Michigan. which shall affect the organization,
territory, powers or corporate sLatus of the City or the
County, tae terir ohd. provisions of this Sublease shall be
unaffected S. • •! . Lnsorar as the obligation of the City to
make the cash (is] payenLs is concerned. Inc proceeds
of any oaic Of fther liquidation of any interest_ of the
City in Lhe PtojecL are hereby impressed with a first and
prior len for Imiern of any outstanding Bonds or other
obligations of the AuincriLy incurred by reason of the
Project or any addi -Hons OT improvements thereto.
20. Quiet c( oyment. The County covenants that the City, upon
coTi -btanee with hhe fel:71s of this Siih 7 ease, shall and may
peacefully and guletly have and hold and enjoy the Project
and site thereof tor the term herein provided.
21. Additional Obigations. Nothing herein. contained shall in
any way be construed to prevent the City from undertaking
additional financing dr incurring additional obligations
under the provslons of Act 4e0 or any other applicable
law.
22. Effective Dale ej Sublease. This Sublease shall become
effectve or the dare of execution.
IN WITNESS WHEREOF, Lne CITY OF OAK PARK as authorized by
its City Council and '-hA COUNTY OF a.-K_Lp,,Nm, by its Board of
Commissioners, nave caused tnls Sub -case to be signed by their
duly authosized olficer ard theHr seals La be affixed hereto,
all as of the day and m . r first above writ:en.
WITNESS: CETY Ou 017A.K PARK
I':
Mayor
and
By:
Clerk
COUNTY OF OAKLAND
Ky:
Chairperson,
Commissioners
and
By:
County Clerk
Board of
STATE OF MICHIGAN )
)SS.
COUNTY OF OAKLAND)
Oa this et the foregoing
instrument was acknowt ' before me by and
, wae fhe Mayor oad the Clerk of he City
of Oak Park, a , )(Malt of soid
Notary Public
County,
Michigan
Is Commission
Expires:
STATE OF MICHIGAN
COUNTY OF OAKnAND)
Cn this pay (r)) • the foregoing instrument
was acknowledged. before Jrg by and
are the Chairperson of the Board
of Commissioners ahd ghn County C'erk of the County of Oakland,
a a -if et said
Notary Public
County,
Michigan
Commission
Expires:
las.r3-oak230
APPENDIX A
Project Description
The projecr is TO Yonn.L4nL, redonstrdot, renovnte, furnish,
equip, refurnish an0 re-pciujp vailicas buildjngs of the City of
Oak Park in !1 ft iTin oil—I -Live campus wnicn will include
renovatlors ro inn 1j15 n waL2r adminis_ration, recreaLioh
center and 4513 C ii e loc -,-J.t ,ed in Oakland County,
Michigan.
Legal Description
LEGAL DESCRIPTION - 45-B DISTRICT COURT
PART OF SECTION 3e, I. R.11 E, CrEY OF OAK PARK, OAKLAND
COUNTY, MI BEING MORE PART CULARLN DESCRIBED AS:
BEGINNING AT THE EA ET 1/4 COENER Or EAID SECTION 30;
THENCE S87 °22 c 17"W 59.99 FEET TO THE POINT OF BEGINNING; THENCE
387 °22'23"W 142.22 FEET; THENCE SP:3 37'37"E 103.00 FEET; THENCE
S87 °22'23"W 06.00 FEET; THENCE SS`Hi7°37"E 40.50 FEET; THENCE
387 °22'23"W 84500 FEET--; THENCE S2 c 37'37"E 240.87 FEET; THENCE
N87 °23'26"E 292.39 FEET; THENCE 52 c 39'05"W 384.46 FEET TO THE
POINT OF BEGINNING. P -AET OF PARCEL 25-30-426-001 AND SUBJECT TO
ALL RESTRICTIONS AND EASEMENIS OF RECORD IF ANY.
LEGAL DESCRIPTION - LIBRARY AND COMMUNITY CENTER
PART OF SECTION 30, T.1N, iininirj, CITY OF OAK PARK, OAKLAND
COUNTY, MI 84 ftMORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE EAST' 1/4 CORNER OF SAID SECTION 30; THENCE
S87 °22"17"1 59.99 FEET; TEIENC : "9'05"E 384.46 FEET; THENCE
S87 c 93'26"W 974.91 FLET TO TJT rST OF BEGINNING; THENCE
N2 °33' 55"W 233.00 FEFT; THENCE h•T'G26"05"W 595.00 FEET; THENCE
S2 °33'55"E 233.31 FEET; IIKENCE N87 °25'03"E 310.68 FEET; THENCE
N87 °23'26"F 204.32 FEET TO THE POINT' OF REGINNING. PART OF
PARCELS 25-30-401-005 AND 25 30 426-00j AND SUBJECT TO ALL
RESTRICTIONS AND EASEMENTS Oi RIPCORD IF ANY.
LEGAL DESCRIPTION - LIBRARY ENTRANCE EASEMENT
PART OF SECTION •0, T. 1N, 9.i1E, CITY OF OAK PARK, OAKLAND
COUNTY, MI BEING MORE PAPTELJNARLY DESCRIBED AS:
BEGINNING AT THE EASE 1/4 CORNER OF SAID SECTION 30; THENCE
S87 0 22'17"N 55.99 IEEE; THENCE SiRi 39'0R"E 384.46 FEET; THENCE
S87 0 213'26"W 944.91 FEET TO THE ,,orNT OF BEGINNING; THENCE
N2 0 33'55"W 86.00 FEET; 'THENCE CH -7 °26'05"W 30.00 FEET; THENCE
S2.°1133' 55"E 86.02 FEET; THENCE N57 °23 (26"E. 30.00 FEET TO THE
POINT OE BEGINNING. ?ART OF PARCEM 25-30-426-001 AND SUBJECT TO
ALL RESTRICTIONS AND EASEMENTS OF RECORD IF ANY,
LEGAL DESCRIPTION - COMMUNITY CENTER PARKING/ENTRANCE EASEMENT
PART OF SECTION 30, IAA, R.11E, CITY OF OAK PARK, OAKLAND
COUNTY, MT BEING MORE ENAKTIONLAREY DESCRIBED AS:
BESINNING AT THE EAST 1/4 CORNER OF SAID SECTION 30; THENCE
S87 °22'1 17"W 59.99 FEET; THENCE S2 °39'05"E 384.46 FEET; THENCE
387 0 23'26"W 1259.22 FEET; TYPNCE 587 °225 f 03"53 310.68 TO THE POINT
OF BEGINNING; THENCE N2 °33A55"H 3.09 FEET; THENCE 38 1.70 26'05"5
198.00 FEET; THENCE S253'55"7 1An.00 FEET; THENCE S87 °26'05"W
30.00 FEET; THENCE S2 °33 1 55"E 103.00 FEET; THENCE 1187 0 27'31"E
228.00 FEET TO THE POINT OF FEGINNINC. PART OF PARCEL 25-30-401-
005 AND SUBJECT TO ALL RESTRNITTONS AND EASEMENTS OF RECORD IF
ANY.
Estimate for Bond Issue
Construction Costs and Flranning Costs
including Bond Discount fo- Sdnd Issue $6,500,000
ESTIMATED PERIOD OF
las.r3-ock230
ESS: At least 35 Years
APPENDIX B
ESTIMATED SCHEDULE OF PRINCIPAL AND INTEREST
[SEE ATTACHED ESTIMATED SCHEDULE]
The final 6.ebh service schedules for the bond issue will be
attached to the Sublease after ttie bonds are sold.
las.r3-oak230
APPENDIX C
COUNTY RETAINS RIGHT TO USE PROJECT
The County shah have Lhe flght to use Lhe recreation center,
the administrative faun or another suitable facility on the
City's Administrative Caridus during a disaster or emergency, for
training for a cijsester or • nergency, for dispensing medications
during a disaster or um no .y„ or for providing flu, seasonal
or other vaccfnations to the public. There shall be no charge
to the County for uge nt the technics for the purposes set
forth above.
The actual dates and Limds of the use will be mutually agreeable
to the parties.
FISCAL NOTE (MISC. #11252) October 20, 2011
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: BUILDING AUTHORITY — RESOLUTION APPROVING FORM OF SUBLEASE
BETWEEN THE COUNTY OF OAKLAND AS LESSOR AND THE CITY OF OAK PARK AS
LESSEE REGARDING THE CITY OF OAK PARK ADMINISTRATIVE CAMPUS PROJECT
LOCATED IN THE CITY OF OAK PARK, OAKLAND COUNTY, MICHIGAN
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 resolution and finds:
1. The resolution authorizes the Sublease between the County of Oakland and the
City of Oak Park relating to the City of Oak Park Administrative Campus Project for
an amount not to exceed $6,500,000.
2. The term of the Sublease is for up to twenty-five (25) years; the Sublease cannot be
completed and executed until the bonds are sold.
3. The Sublease specifies that the City of Oak Park is to pay the County of Oakland at
least 30 days before each bond payment date an amount sufficient to pay the
principal and/or interest due.
4. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Greimel absent.
Resolution #11252 October 20, 2011
Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman,
Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott,
Taub, Weipert, Woodward, Zack, Bosnic. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 October
20, 2011, 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 20 th day of October, 2011.
R,L_ErzJ2L1 ,Q4
Bill Bullard Jr., Oakland County