HomeMy WebLinkAboutResolutions - 2009.10.14 - 9911MISCELLANEOUS RESOLUTION #09227 _ September 24, 2009
BY: Planning and Building Committee, John A. Scott. Chair
IN RE: FACILITIES MANAGEMENTIFACILITIES ENGINEERING - RESOLUTION AUTHORIZING THE
TRANSFER OF THE REMAINING FUND BALANCE FROM THE OFFICE BUILDING RENOVATION
PROJECT FUND TO THE NORTH OAKLAND HEALTH CENTER (NOHC) RENOVATION AND
CHILDREN'S VILLAGE BUILDING A SECURITY ENHANCEMENT PROJECT FUND
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS. the County of Oakland, Michigan (the "County"), and the Oakland County Building
Authority (the "Authority ') have entered into a Lease Contract dated as of November 1, 2002 (the "Lease
Contract"), pursuant to which the Authority issued the $20240000 Oakland County Building Authority,
Building Authority Bonds, Series 2004A (the "Bonds") to renovate and equip a 5 story high. 105,358
square foot Building 41 West for use as County Administrative offices (the "Original Project") as described
in the Lease Contract pursuant to the terms of Act No. 31 Public Acts of Michigan, 1948 (First Extra
Session), as amended ("Act 31"); and
WHEREAS, an excess of at least 5478,608,86 remains after completion of the Original Project;
and
WHEREAS. the County proposes to unaertake an additional project to construct renovations to
the North Oakland Healtn Center (NOHC); relocating the Clinic from Old North Health to the NOHC: and
Children's Village Building A, Security Enhancements Project with funds remaining in part from the
proceeds of the Bonds (the "NOKC Project"): and
WHEREAS, t is necessary to amend the Lease Contract to provide for the NOHC Project.
NOW THEREFORE. BE T RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF OAKLAND, MICHIGAN, as follows:
1. The preliminary plans and estimates relating to the NOHC Project and identified in
EXHIBIT 1 to APPENDIX I hereto are hereby approved.
2, The Amenament to Lease Contract in the form of APPENDIX I hereto is hereby approved,
and the Chair of the Board of Commissioners and the County Clerk are hereby authorized and directed to
execute and deliver the same for and on behaf of the County.
3. AD activities involved in the planning and construction of the NOHC Project under this
resolution snail comply with the standing rules of the Board of Commissioners.
Chairperson. on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution
PLANNING AND WING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Runestad absent.
1
APPENDIX I
AMENDMENT TO LEASE CONTRACT
THIS FULL FAITH AND CREDIT GENERAL OBLIGATION AMENDMENT TO LEASE
CONTRACT ("Amendment to Lease") made as of October 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 311. and the COUNTY OF OAKLAND. a County of the State of Michigan (the 'County").
VVITNESSETH:
WHEREAS, the County of Oadand, Michigan (the "County"), and the Oakland County Building
Authority (the "Authority") have entered into a Lease Contract dated as of November 1, 2002 (the "Lease
Contract"). pursuant to which the Authority issued the $20,240,000 Oakland County Building Authority,
Building Authority Bonds, Series 2004A (the 'Banos") to renovate and equip a 5 story high, 105,358
square foot Building 41 West for use as County Administrative offices (the "Original Project") as described
in the Lease Contract pursuant to the terms of Act No. 31, Public Acts of Michigan, 1948 (First Extra
Session), as amended ("Act 31"). and
WHEREAS. an excess of at least $478.608.88 remains after completion of the Original Project;
and
WHEREAS, the County proposes to undertake an additional project to construct renovations to
the North Oakland Health Center (NOHC): relocat ng the Clinic from Old North Health to the NOHC; and
Children's Village Building A. Security Enhancements Project with funds remaining in part from the
proceeds of the Bonds (the "NOHC Project"): and
WHEREAS. it is necessary to amend the Lease Contract to provide for the NOHC Project.
THEREFORE. IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS AND AGREEMENTS
SET FORTH BELOW, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES TO THIS LEASE AS
FOLLOWS.
1. The Lease Contract dated November 1. 2002 is hereby amended by adding Section 24 as
follows:
"24. Authorization of Use of Remainina Bond Proceeds fnr 4dditional Project. The funds
remaining in the Office Building Renovation Project Funa are hereby authorized to be
transferred to the North Oaklana Health Center (NOHC) Renovation and Children's Village
Building A Security Enhancement Project Fund for use as described in Exhibit 1 attached
hereto."
2. This Amendment to Lease shall become effective upon execution.
IN WITNESS WHEREOF. the OAKLAND COUNTY BUILDING AUTHORITY, by its Commission,
and the COUNTY OF OAKLAND, by its Board of Commissioners. have caused this 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:
Cnairrnan. Board of Commissioners
By:
County Clerk
las.r3-oak99
STATE OF MICHIGAN)
)ss
COUNTY OF OAKLAND)
On this day of 2009, before me appeared and
to me personally known. who being by me duly sworn, did each say that they are,
respectively, the Chairperson and the Secretary of the Commission of the OAKLAND COUNTY BUILDING
AUTHORITY and that the foregoing Amendment to Lease Contract was signed and sealed by them on
behalf of the Authority by authority of its Commission. and that such persons acknowledged such
instrument to be the free act and deed of the Authority.
Notary Public, Oakland County,
Michigan
My Commission Expires:
(Seal)
STATE OF MICHIGAN)
)ss.
COUNTY OF OAKLAND)
On this day of 2309. before me appeared
and to me personally known, who being by me duly sworn, did each say that they
are, respectively, the Chairman of tne Board of Commissioners and the County Clerk of the COUNTY OF
OAKLAND and that the foregoing Amendment to Lease Contract was signed and sealed by them on
behalf of the County by authority of its Board of Commissioners, and that such persons acknowleaged
such instrument to be the free act anc deed of the County.
Notary Public. Oakland County,
Michigan
My Commission Expires:
(Seal)
Instrument Drafted By:
John R. Axe
Axe & Fcklund. P.C.
21 Kercheval, Suite 360
Grosse Pointe Farms, Michigan 48236
las.r3-oak99
3
EXHIBIT
Project Description:
The Project consists of renovations to the North Oakland Health Center (NOHC). Following the fire in
Oakland Pointe West, WIC and Substance Abuse were relocated to the NOHC. Several renovations to
the NOHC are required to complete the consolidation of Health staff into the building, properly serve the
public, and meet building codes.
The Project will also consist of relocating the Clinic from Old North Health to the NJOHC.
In addition. the Project will consist of the Children s Village Building A. Security Enhancements which will
include installing a toilet in the observation room, converting storage rooms to sleeping room and remove
urinals in the girl's bath.
Estimated Project Cost 5545 COO
las.r3-oak99
Resolution #09227 September 24, 2009
The Chairperson referred the resofution to the Finance Committee There were no objections.
2
$478,608.86
66,391.14
$545,000.00
$ -0-
Transfer In
Transfer In
FISCAL NOTE (MR #09227) October 14, 2009
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/FACILITIES ENGINEERING - RESOLUTION AUTHORIZING THE
TRANSFER OF THE REMAINING FUND BALANCE FROM THE OFFICE BUILDING RENOVATION
PROJECT FUND TO THE NORTH OAKLAND HEALTH CENTER (NOHC) RENOVATION AND
CHILDREN'S VILLAGE BUILDING A SECURITY ENHANCEMENT PROJECT FUND
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 County of Oakland and the Oakland County Building Authority entered into a Lease
Contract, dated November 1, 2002, pursuant to which the Authority issued Oakland
County Building Authority Bonds in the amount of $20,240,000 to renovate and equip
Building 41 West for use as County Administrative offices; the $20,240,000 bond issue
was the second bond issuance for the project with the first bond issue of $7,560,000
being fully utilized.
2. A current project balance of $478,608,86 remains after completion of the original Office
Building Renovation Project.
3. The County proposes to undertake an additional project to construct renovations to the
North Oakland Health Center (NOHC), relocate the Clinic from Old North Health Center
to the NOHC, and provide security enhancements at Children's Village Building A with
funds remaining in part from proceeds of the bonds originally issued for the Office
Building Renovation Project.
4. The resolution amends the Original Lease Contract to authorize the use of remaining
bond proceeds apportioned for the Office Building Renovation Project for transfer to the
NOHC Renovation and Children's Village Building A Security Enhancement Project and
identifies preliminary plans and estimates relating to the Project.
5. Additionally, the FY 2010 Capital Improvement Program includes funding for the North
Oakland Health Center Renovation Project, which may be transferred from the Building
Improvement Fund (#40100) to the Project Work Order Fund (#40400) to supplement
funding transferred from the Office Building Renovation Project.
6. The Facilities Engineering Division estimates total project costs of $545,000 for the
NOHC Renovation and Children's Village Building A Security Enhancement Project,
including Contingency.
7. Any additional interest earnings posted to the Office Building Renovation Fund up until
the transfer occurs will be transferred to the new NOHC Renovation and Children's
Village Building A Security Enhancement Project Fund.
8. An amendment to the FY 2010 Budget is recommended as follows:
Office Building Renovation Fund #41415
Project 100000000435
1040801-148020-788001-40400 Transfer Out ($478,608.86)
Building Improvement Fund #40100
1040101-148020-788001-40400 Transfer Out M6,391.141
($545,000,00)
Protect Work Order Fund #40400
Pro] 100000001290
1040801-148020-695500-41415
1040801-148020-695500-40100
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
THE FOREGOING RESOLUTION
Resolution #09227 October 14, 2009
Moved by Schwartz supported by Potter the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Bullard, Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingen, Gosselin,
Greimel, Hatchett, Jackson. Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack. (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).
/0/i 5'i •f)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, 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 October
14, 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 14th day of October, 2009.
Gat
Ruth Johnson, County Clerk