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Home My WebLink AboutResolutions - 2009.11.12 - 9886PLANNING AND KlUILD MISCELLANEOUS RESOLUTION #09253 October 29, 2009 BY: Planning and Building Committee, John Scott, Chair IN RE: BUILDING AUTHORITY - RESOLUTION SUPPLEMENTING THE AUTHORIZATION GRANTED TO THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson. Ladies and Gentlemen WHEREAS, the Board of Commissioners (the 'Board) of the County of Oakland, Michigan (the "County"). have approved a project to acquire various facilities located in the County of Oakland (the "Project') which are now being used by the Oakland County Community Mental Health Authority (the CMHA'). all as more fully described in EXHIBIT A to a Lease Contract (as hereinafter defined), and a proposed Lease Contract between the County and the Oakland County Building Authority (the "Authority') dated as of December 1, 2006 (the "Lease Contract"), as amended pursuant to which the Authority has acquired, constructed, furnished. renovated and equipped part of the Project as contemplated by the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session) as amended ("Act 31"). and leased the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS, some of tne capital projects approved in the Lease Contract could not be undertaken; and WHEREAS. there are several capital projects which can be substituted for those capital projects originally approved which could not be undertaken. WHEREAS : there has been prepared and attached hereto as APPENDIX I a form of Second Amendment to Lease Contract setting forth the capital projects which have been completed as well as those which will be added to the Project and removing those projects which can not be undertaken. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, MICHIGAN. as follows: 1. The Second Amendment to Lease Contract in the form of APPENDIX I attached hereto is hereby approved, and the Chairman of the Board of Commissioners and the County Clerk are hereby authorized and directed to execute and deliver the same for and on behalf of the County. Final plans and projec: description shall be approved by the Planning and Building Committee of the Board of Commissioners before they are attached to the Lease Contract to be executed. 2. All activities involved in the planning and construction of this Project under this resolution shall comply with the stanaing rules of the Board of Commissioners. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in any blanks in Appendix I - prior to executing and filing this document with the Oakland County Clerk. Chairperson. on behalf of the Planring and Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Jacobsen absent. APPENDIX I LEASE CONTRACT THIS SECOND FULL FAITH AND CREDIT GENERAL OBLIGATION LEASE CONTRACT ('Lease') made as of July 1, 2009, by and between the OAKLAND COUNTY BUILDING AUTHORITY (the "Authority"). a building authority organized and existing under and pursuant to the provisions of Act No. 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), and the COUNTY OF OAKLAND. a County of the State of Michigan (the "County"), WINESSETH: WHEREAS, the Board of Commissioners (the "Board") of the County of Oakland, Michigan (the "County"). have approved a project to acquire various facilities located in the County of Oakland (tie "Project') which are now being used by the Oakland County Community Mental Health Authority (the ' CMHA -), all as more ful.y described in EXHIBIT A to a Lease Contract (as hereinafter defined), and a propose° Lease Contract between the County and the Oakland County Building Authority (the "Authority") dated as of December 1, 2006 (the "Lease Contract"), as amended pursuant to which the Authority has acquired, constructed, furnished. renovated and eauipped part of the Project as contemplated by the terms of Act No, 31, Public Acts of Michigan. 1948 (First Extra Session). as amended ("Act 31"), and leased the Project to the County for a term not to exceed 50 years as permitted by Act 31; and WHEREAS. some of the capital projects approved in the Lease Contract could not be undertaken, and WHEREAS, There are several capital projects which can be substituted for those capital projects originally approved whicn could not be undertaken. WHEREAS, there has been prepared and attached hereto as APPENDIX A-1 a form setting forth the capital projects which have been completed as well as those which will be added to the Project and removing those which cannot be undertaken. THEREFORE. IN CONSiDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS SET FORTH BELOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS SECOND AMENDMENT TO LEASE CONTRACT AS FOLLOWS: The following paragraphs to the Lease Contract as amended are added or amended to read as foliows Section lA is added to provide as follows. 1A. The Project is amended to provide as forth in Appendix A-1 2 Paragraph 4 is amended to provide as follow: 4. Funds Remaining After Comelen. Any unexpended balance of the proceeds of the sale of the Bonds remaining after completion of the Project may be used to improve or enlarge the Project or to acquire. construct and equip additional facilities upon the approval of the Planning and Building Committee of the Board of Commissioners provided that such use of the funds in the acquisition and construction fund has been approved by the Municipal Finance Division of the Michigan Department of Treasury, ,f necessary, and the County. Any unexpended balance not so used shall be paid into the bond and interest redemption fund, and the County shall receive a credit against the cash rental payments next due under this Lease to the extent of the moneys so deposited in the manner provided in the Bond Resolution IN WITNESS WHEREOF. the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission, and the COUNTY OF OAKLAND. by its Board of Commissioners, have caused this Second Amendment to Lease to be signed by their duly authorized officers. and their seals to be affixed hereto, all as of the day and year first above written. WITNESSES TO SIGNATURES OAKLAND COUNTY BUILDING AUTHORITY OF AUTHORITY OFFICERS By: Chairperson of its Commission By. Secretary of its Commission WITNESSES TO SIGNATURES COUNTY OF OAKLAND OF COUNTY OFFICERS: By . Chairperson, Board of Commissioners By County Clerk Parcel Address 33E11 Alts Veto I 11.31-400-013 19579911 Oxford 2 05-31-351 21.2 ImM1n11MAM=1 10539 1310ellth 1392139/ep 3 ST 15-376-009 4712 Poem ...1re Worl 8 ,00rneeld 4 10. 14 118 020 immomallmw=111nMs 1701 Drmwoodle Orlocallo 5 03-18-202039 MIMMMEM111===•11 925 Hadley .24ancite 03-15-351-085 Remodeling •IVe Folquer0P 80,4 hoot SUMP( CO46 SO Test Caypeal, Auth clam, Dita Post ot Closing taxes Ineprovernerito Capitol Imagemmeel Net. Emir:mm[4MA Rerrt•cldfroo Tole! 4.473 relsOlnnis Morly 13 02-22100015 3551 Morena Oshoborg 0 54120-251007 11n1•11111= mon MarMos Orlon 111 90-31-101.024 Iiinimm•MmIll1=111= 5125 Cakwood Oxford 11 0405-477-234 Ga/cland Court/ CMH Group Home bard PurChaVa Prowl Appendix A-1 Phase 1 & Appease! Consrdent Attorney reoprd Value Red/ 0d7.1.4 fees M. 3s,04 Foss 245,500135 220000.00 050.00 410.15.1 e54.49 1,995.00 4,157 45 1230.90 150.00 5,51423 330.50 711413507 271472008 235,10505 7,632 72 1.1950.00 from door roplesoment - 2795050 251,21145 ron rsoVacomoot 91000.00 255,05003 2571.90950 1,255.00 41581 65651 1,16536 4,30420 45115.09 175.195 5,514.55 330.50 11714/2007 liarnos 283;239.03 6,413 23 11.500. 00 corns nt ropier:amen: - 32811299 303 202.66 ../mai.m.....srrimmiNt rim.mmm.Immwas filnmw•Barmwr imssmwsrifinmmmism...mmwww,..wirrimiumm. 220,003.09 718,000.30 855.00 41591 860.41 1,082.00 3,696.03 .160.130 5,5.14.54 031325 5/1372055 9,142005 224.799.43 245.71 219,000 00 210,000.00 nom 015.81 009.41 1,08.30 3390.01 1 075.02 136.00 75,51450 1.92002 31372509 21529000 4,580.95 7.190-.05 Camera 01-9d9 Rs . 9me/ant , 57000.21 Well Replacement- 52314-73 .280,000.00 235,000.00 esoup 415.81 61513.41 1,110.00 4,511124 3;18580 135.00 5.514.7o 33050 11.714,2007 311972008 245,41282 112242 7,504.70 alrldry, replacement -$5322C9 _ _ 155,1100 00 155.000 C18 9,90.00 415.60 564.41 117.50 2,595.00 13500 5,014.50 35860 1V11/2057 12202007 159184.33 window rerhooernard - 55550 30 11,550.00 coma nt wait repamemerd- $1900.00 235,878 14 11=n=1n 239,092 88 MIn111•=i 2159124.40 ill110Mnin 179 an "11 1418 Ktirtz lioty 7 51-07-475-011 255000.00 245,000.00 080.05 415.81 605.42 1,140.00 4,136431 4,11000 17109 551450 40 Peploosetoot - .52889 00 111142100/ 3/1 9720175 244918708 5,15303 11.480.00 oo{I 2vder Reel aesmont - 51551000 242,050 75 3317.56o 00 000 30 891750 415.61 566.42 1,01000 2,095170 roof replacemert - $8500.00 175.00 5,51420 336.25 871312008 8711521108 233,932.71r 1,98897 12,700.00 OMAR drime rapkomment - 5112110.00 252,455.59 9n11.11mormummrammimorilirromo nornmnrmiiminEmmaimi...mnIwirmos.• 235,904100 222.000.00 090.00 415.0 899.42 1,07400 2,10545 175 00 5,514.50 314.85 11714/2007 12120+2001 227352.17 8,500.00 roof repacerftert - 411500.00 241125.00 280.030.33 . 258500 00 260,1350.00 1.050.00 415.81 00.940 1,155.00 3,722 42 2,390.00 175.13) 5,514.59 330.50 11o1442007 3/3.71:136 259,152.40 8,019.13 _ . amismimorwrommir., 4ammon Roc I Repl000ryant • 5704305 Driveway replacement & portal walk 415.61 064.42 1,21000 2,1395.00 175.00 9514.50 334250 1171421307 12120/2907 .238,7340.5 24 845.00 317890-1717 260.000 00 275,00301 855.00 313,393 78 2239 N Orrort Oxford 12 04-14300-207 MEI 368,55300 235,500.00 490.00 416.11 86842 1,170.00 2,003 91521 5,51450 335 93 111141260 122592007 201153.18 .500.00/311091 cement walk replacement -81600, 273,702.319 ..n1M111n1n1••=1 1649 Rey Orronl 13 04-14-400-034 220 Roche/afar Rd. Leonard 14 06-27478008 220,000.00 _ 200wn./ 0313.00 41521 _868,42 1,092.00 2,00600 320.000 30 2113500.00 17*423 41531 056.42 20 222550 Trent door replacement Vasa 00 530.00 '1.51.1.55 330.50 1512009 172472003 230,97532 5,550.37 12,450,08 cernent drive isplacemort $11506.00 259,794.52 M1=111 erirsdoer repleeemsTa.. 5756005 165.00 5.50460 neoz 91313000 50912008 334,01621 2154.76_ 12,953.00 BMW,' dlnor replecornont - 3-11170.01 248i115-1.00 wirrommnmimmmum 1111•111=111=1n1 12141=11n1••• 2.025,190 30130 Rochester Rd. Leonard 15 05-4-100-012 3304730.00 230,100.90 850.00 41581 11142 1,00500 n1•n••n•111•111111111n01111m 175.50 5,514.50 330.60 1111412007 12,200007 296404.59 IMIMmmilmwo 3.962 20 Ferments SAG Roprocenent - 33252.09 266619.82 _ 3075 Rosemary 1-131711/713 15 11-24409-575 9921 Walnut Dahsb0rg 77 07 01-272 013 720 000.00 2/6,0130 60 550.00 415 01 565 42 1,05000 2,09500 223000.00_ 400.00 41541 7381.42 1,635r11 2,095.00 175.00 5,51440 320.50 1t94230.4 124120011 220,711.31 8,74728 pato door replacement - 52480.00 135.00 5,514.50 314.00 1192008 1,74,720013 225,13C 49 .5,304..53 13.12200 Mewl drhoe replacement 11200.00 230,005.00 n•=limmos 237,308.52 InsaMMIMM 253.eas 75 3850 106Oorly. L556 Orkm IS 05 30475-022 220,000 00 210.000 00 400.00 41511 684.42 1,015.50 211800 135.00 6,514.51 114.09 1/412000 124/2008 115,324.35 5.713724 2307121.01 NOMMMOINnMNIMIMEIIIIff Page 3 of 2 Mat 40000 DS rot 25e90 Madbarry Cad not rine 40000 400.00 n111=1. m19nMIlleamim immasmstIm4 +CM .09 404.00 400.00 3,428.17 2,994.90 3,781 17 ian111=11••••=m1 2,058.00 =MEWL AnamIssIMMINIIMIIIIMm=1101n1=MMEN 400.00 490.00 400.00 ImEMIME 12500 Mime 7000 IEME 175.00 !MEN 159.00 31460 IMMO 315.00 111Meal 214.00 2,691.17 •••141M 200600 1111111ms 2,991.17 IMmls 20500 021 400.00 430.00 400.00 403.00 0195.00 150.00 339.25 950.00 95000 030,00 1,0n91=91• isnemMIMMI 2500€ sium•=anelnI e5:.09 =mom 150 mimmoi 2.251.25 250.90 M•MseslaMlowi MINPNI Old wipers-I. Did nor Old not Cad Mt PL.9.0 759 CO 25000 259 00 EsS111 250010 20000 IIMEM 23000 23004 250.00 4,195.279.15 64,170.75 148415.70 4,811,95041 Oakland County CMH Group Horne Bond Purchale Profecl Apixeieal Conaultant Pitanerr eir_el Mama Appr'd Value Punah Pace Fees M. Sialey Fern Fhase a Pereediereon Ensanmemed Funiel Issue Tibe Foliamou Remeritstoo Sissy Cosa &A lard Bldg Ade! Close Dala Coe og Ceps,' Taws ImProvements Castel Improvement Notea TatS 73740 DequIndro Leonard 400 00 59351 'Pesten/ lo=wirp Did not swede 44019 Dura,tn hive 01d eat pursue 1901 1-W10r1 Rirign Word Sid not= 121 4Ve tests Chose another 1091 Legaott Chose sloths; 00 slaws( cam* Mathes ilmisMer 1015 Orlon Rd Chas foetal, properly 27092 BelaSave Omer o5d not raper we/ 41396 lowahtn NorawIlla Owner dkl ncd aeopel oflor ell? Grange hial Rd Owns, da not aticail other 25071 Ve Teo 0110 114 Omar did not asap* ores 145 thf Hardin Roches's' Pelle 29455 lit hmeedow 9arroingtort Kea Dais, 141n1•1 9937 Marlon Oelderid 24430 Berg Lot 3 Southfield 94.43 Almond Lone Cleaston Dai not 274C 16414demae Nieoreoni 2150 Bar-bona Careanll Oakland 5103 Dayton Coltiond not pones • Lobel 250.99 IN=11 250.00 Mims 200130 250.00 Mallen 263.00 250 00 NMI .00000 IMIms 25300 4,104,509.80 22,000 09 r.491.5a 12.1731 .50 19,615.53 03,167.12 15,90500 307000 00,29100 5.53500 aid not Page 2 of 2 Resolution #09253 October 29, 2009 The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #09253) November 12, 2009 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BUILDING AUTHORITY — RESOLUTION SUPPLEMENTING THE AUTHORIZATION GRANTED TO THE OAKLAND COUNTY BUILDING AUTHORITY TO FINANCE A PROJECT TO ACQUIRE FACILITIES LOCATED IN OAKLAND COUNTY, MICHIGAN TO BE USED BY THE OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY 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 find*: 1. The resolution authorizes the Second Amendment to the Lease Contract that sets forth the capital projects, including those projects completed, various capital projects to be added, and removing those projects that cannot be undertaken. 2. Appendix A-1 includes an updated list of properties and includes estimated capital improvement projects of $148,416 to be undertaken at the properties. 3, There are sufficient bonds monies remaining to cover the additional capital projects. No budget amendment is recommended. CE riDIANAITT FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Potter and Greimel absent. I HEREBY APPROVE IIIE FOREGOING RESOLUTION /6 /e Resolution #09253 November 12, 2009 Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: CapeIlo, Coulter, Douglas, Gershenson. Gingeil, Gosselin, Grelmel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz. Scott, Taub, Woodward, Zack. Bullard, Burns. (24) 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) Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 12. 2009, 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 12th day of November. 2009. Gat Ruth Johnson, County Clerk