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Home My WebLink AboutResolutions - 2009.11.12 - 9887MISCELLANEOUS RESOLUTION #09254 October 29, 2009 BY: Planning and Building Committee, John Scott, Chairperson IN RE: BUILDING AUTHORITY - RESOLUTION APPROVING AN AMENDMENT TO SUBLEASE IN CONNECTION WITH 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, on June 27, 2007 the County and the Oakland County Community Mental Health Authority ("CMHA") entered into a Sublease under which the County is the Lessor and CMHA is the Lessee of a Project which the Authority was to acquire which included various capital projects to be undertaken by the Authority, leased to the County and thereafter subleased by the County to CMHA. WHEREAS, some of the capital projects approved in the Sublease 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 Amendment to Sublease 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: The Amenament to Sublease 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. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners is authorized fill in any blanks in Appendix I - to executing and filing this .d \ocument with the Oakland County Clerk. Chairperson, on behalf of the Planning and Buildin Committee, I move the doption of the foregoing resolution. --- / NG AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Jacobsen absent. APPENDIX AMENDMENT TO SUBLEASE THIS AMENDMENT TO SUBLEASE ("Sublease") made and entered into this first clay of , 2009, by and between the COUNTY OF OAKLAND. a Michigan municipal and constitutional corporation (the "County). and the OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY ("CMHA") a Mental Health Authority organized and existing under and pursuant to the provisions of Public Act No. 258 of tne Public Acts of Michigan of 1974, as amended by Public Act No. 290 of the Public Acts of Michigan of 1995 (the "Act), and RECITALS 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, on June 27. 2007 the County and the Oakland County Community Mental Health Authority ("CMHA") entered into a sublease (the "sublease") under which the County is the Lessor and CMHA is the Lessee of a Project which the Authority was to acquire which included various capital projects to be undertaken by the Authority ; leased to the County and thereafter subleased by the County to CMHA. WHEREAS. some of the capital projects approved in the Sublease 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 nas been prepared and attached hereto as APPENDIX A-1 a form setting forth the capital projects which have been ou-mpfeted as well as those which will be added to the Project and removing those projects which can not be undertaken. THEREFORE ; IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS CONTAINED HEREIN, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS SUBLEASE AS FOLLOWS: Paragraph 2 of the Sublease is amended as follows' 2. Acquisition of Project. The Pro,ect (as acquired by the Authority) shall be as set forth in APPENDIX A-1 . 2. Effective Date of Amendment. This Amendment shall become effective on the date of execution. IN WJTNESS WHEREOF, for an in consideration of the mutual assurances, promises, acknowledgements. and representations set forth in this Sublease, the OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY. by ITS Board. and the COUNTY OF OAKLAND, by its Board of Commissioners. have caused this Sublease 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. WITNESS: OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY By: and By: COUNTY OP OAKLAND By: Chairman, Board of Commissioners By County Clerk Las,r8-oak174c Annod Value Purch .rIca Plums 1 & Appraisal Consoftent Attorney Fitmecladen Farm rea Follow up &mai %sue Survey Coils Copts! Impromernanl Nelms ErrArCINTrffiti Ramada:eon f sea PA. Shivky Tams Solt Teo Bldg Auti Close tarn Capeel Improvements Cost et Closing 10519 Bigelow Carlsburg 3 0740-376009 4] 12 Bowe Lime West S i30roSlld 15.14-1715-1220 17131 Dun...4301s 000+141.5 5 0619-352-025 170023.58 1111111n F_3 140131441 HoPy 02-37- 150-015 3551 MmUneon Clarlsbuig 9 0e-38-25i-00f 3852 Morgan Orlon 10 00-31-301-024 11•1111111111•61•M•111161 313 E Oakwood Oxford 11 0445477404 2200 N 0-sro,d Crelord 04-14-300-007 1840 Rely Oword 13 04-14.406034 230000.00 225,000.00 050.00 415.01 868.42 1,074.00 2,005.00 415.01 eaa.ca 2,10545 555,42 1.074.00 722,5000D 2150,000.0D 1,85000 415.81 60542 1,165.00 3.722.45 2,39000 270,000.00 550.00 41541 56542 1,21500 zoasea _ 2115,90060 255,000110 13511.09 415,51 555.42 1,17000 2,095.00 225000.00 225.000.00 580.90 415.151 916542 1,000 90 2,095.00 235,000.00 5n911111115 28600000 290000.00 Mcdow replacement - stem ae 150.00 5,514.50 53525 mamas 8152000 mom= 2,104.70 12050-00 malodor door rmplecoment - $4970 00 24.5,901.00 n116111116 175.00 5,514.50 330.50 11/142007 12/20/2007 256450420 3052.00 Fum8ni72 &AZ Replacement- 5395200 250,518,82 roof reprnownent -56500 PO 105527 10-70000 Cement &Iv* repiacarnent - 91320i100 175.00 5,514.53 33030 8713/2008 871872905 210.93271 17550 5,514.53 31400 11/142307 ixrxeraor 227 7 8,500.00 root 5.0_140 17000 9,018.13 Roof Ropracorramt -$194000 Calwrorey roplenernect & porter walk - 24,540.00 at-macron . . . ,134.50 111142307 3/342008 289,T5248 n•15n91505515 175.00 5,514.50 330.50 11414/2307 1207072597 278.70455 175.0:r450 330.50 117142007 12202007 201.95118 115.00 3,51420 28245868 mommeamm 250,038.33 90n55 313,393.75 w1=151n 1000.03 par1141011$1111e11 mak reptecemen1- 51000L 2.73,702-19 front door rstMeemnmerri -01550.00 330.50 1,117120015 112412000 23007592 5,599.37 13,480.00 asmorrt &Iva mpicement- 5115DD.00 259.784.52 920 Rectos-ter Pd. Leonard 14 05-27475-005 220,000.01 218,000 80 08.0,011 415181 588.42 105213 2,095.00 ▪ Rocimat.r Leonard 15 05-14-300-012 1511,090.00 230,00313 050.433 415.81 e08.13 leetee 2,085.00 3075 Rownsry Highland 15 11-00-300-018 220.000.00 213000130 1530.00 415.81 weal 1,050.00 24155.00 9071 Warnut11111 turAstrung 37 07454276611 230.000.00 220000.00 400.00 415.81 565-43 035.00 2.095.00 :ese Werethni Lake Orlon la 09-30-378-04 220,090.011 210000 00 400.00 415.81 805,42 1 035.00 2.09500 237,300.52 2551505.75 • 230,621.111 Oakland County ChM Group Horns Bond Purchase Project Appendix A-1 %mei Address 33e1 Alta 'Arta HIgnland 1 11-35-400-013 1917 Ben Crorord 2 05-11351.035 rota; 240,000.00 230.00,00 „ e8.3.e0 415.51 1388.41 1,0916,00 4,15745 1,030 00 i53.50 5,514.50 330.50 1111442007 214-2008 235,101 05 7,002.72 1,050 OD Mord door rephomment $105000 257,01545 300,202.813 n01.9.11 320000.00 208,590.00 550.00 415 11 888 41 1 o5213 2,890.03 150.00 5514.50 33825 8132008 53/1 52008 324790,4:5 841.71 235.0)014 • 215 000.00 210aeo.ao 550 00 415.0 658 40 1,035011 1790.01 1,07520 135.00 5,514.53 11012006 3712008 215,200.00 4053.95 7,00000 Gement Dclis Rspiecornerr1-117003.00 _ 238,00055 111w' Well Replacement - 12314.70 300.00550 235000.00 850.00 41531 06641 1,110.00 4,585_24 2,165.00 033,110 5,514,50 300.50 111142007 371872008 240,410.52 8,306.42 7,834.70 window r 'placement - $53.20.00 239,524.40 roof rapliet.arne111- 55600.00 263,000.00 2134,01711.13 2,25000 415411 058.41 1,1131.0e 405420 4,01500 1 73.00 5,51453 330.55 11,11412007 3127.0006 252,239.03 8141023 11,800.00 tomerrt 100111CMITI011t .52503110 921 Hadley Ortenvilie 0 03-11-3514505 180,000.00 155,000.00 850.00 415.82 554-41 51760 200500 115.03 5,514.50 310.50 1111442007 021252007 150054.33 window renlaromiern- 55550.09 5,554-00 Moment twit.. replacement - $11100.00 1409 Kurt' Hofl 7 01415418-311 205,000.00 245,000.00 0551001 415151 05542 1,14900 4595-91 4,110.00 175.00 5,514.50 1111472037 mamas 240,157.011 5152.03 11,49500 F5:014 1214114 RWIscamard - $8610.50 252.050.75 44 1.npnmommil AC Replacement - 121-59 09 175.00 5,51430 330.50 1)512006 1,24/2006 723,711.11 5,747.65 pally door replacement - 52480.00 135 00 2,314,50 314,00 3.112005 1,24120011 295,131149 5,394.53 12.555,09 cement drive replacement- 11200.00 13520 5,51450 314.05 11512008 1124/2008 215,320.30 575724 Piave 1 Of 2 Chose wind Chose soothe Graters HO Rd Owlet On 2332 Did net ptasuo rsot Mao DO et Nein Did not puree 400.00 Me= 400.00 me= 40000 mem 400.00 MEM 4730.1:0 Immo! 400.00 400.00 400.00 =me 400.00 11n1111 eutoo mier mom =NE &woo OMNI 11=MMOISI=IMIMs 00 355.25 190.00 2.1393 2.991.17 2,09590 mmpon 2,621..11 1=1n1 2.09500 314.00 315.00 314.00 135.00 =NO 175.00 imem 175.00 inm 150.00 Total Caseet Improvement Notes 40000 430.00 WOW 1n1 400.00 40000 a 3,421317 2.5134 00 3,181 .12 mMiermli 2,959.00 S9-a SC 25911 w Mon kas. Rd thwer dld not mtitit der 251390 IONNIMIPOOP 250.00 11=i 145 W Rotteses HOS Did MI Durso 750.00 250.00 350.00 250.130 nMn010111 29055 314211rn9edow F.m 1.n 1404 J00PUI114 iinNmeinmnwianisnoimmseimn=els 250.00 25000 250.00 2718 Vienkherorr Wattled OMNI 210.95 Did not einsamimmi IMInlall=11•91n11IMIN 5141 DIPettO Dakketst Did not pursue 250.09 250.00 Oaktand County CM1-1 Group Home Bord Purtfisse Project 'snot Address 73745 Ostretstfro Lisetord ne• 25980 litiltolY Scattier:I neime 59351 newton). Lyon Po M=Mi 44039 (lurid Flee 171 Websteless •1111=1nS L24=74, 450 Boom 11n491 1020 Won Rd mileMEIN 226132.411Joenes 1191•MnIm 413156 Leiser Nortvelle Ross I A Rootedleen Essisyste.sse Bond lout GOO Apprd Valos Porch Price Fess . See* Fees TOO Foillow-09 Resssrlston Serrey Costs Sot Test BM Aut5 C.4ese Des Cost al Closing Tares Improvernente 031./11:nelher GYMS= jammoraWrimother OsieSst. 1,43 eul accolade Owes; lid not sweet olst ApWesel Corestied .741torney 190 r Hero/ Fitts Did sot CMCIOA 323115 eas? Norton Oakland 24430 Beta L iii .1 Scuthitet 044804 Did net perm* 250.00 250.00 250.00 250,00 5443 5il,04111 Lem Claricatoo DC rot poses 2950 91741en5 Crescent 041,Oss 044 .1 parses 200.00 25000 4041 050.41 Tolal 4,104.50000 22,00004 1,49139 12,031 10 1051553 95,10/13 15,985 00 3,92000 99,291.00 9,93500 4,19e,275.15 54,174/s 140415.70 Page 2 at Resolution #09254 October 29, 2009 The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #09254) November 12, 2009 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: BUILDING AUTHORITY — RESOLUTION APPROVING AN AMENDMENT TO SUBLEASE IN CONNECTION WITH 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 finds: 1. The resolution authorizes the amendment to the Sublease with Oakland County Community Mental Health Authority (CMHA) in order to update the capital projects to be undertaken by CMHA. 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. The Sublease provides for the repayment of the principal and interest payments from CMHA to Oakland County. NCE COA4MIT,TU FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Potter and Greimel absent. Resolution #09254 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: Capelio, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, 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). I HEREBY APPROVE THE FOREGOING RESOLUnON 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. (la e Ruth Johnson, County Clerk