HomeMy WebLinkAboutResolutions - 2009.09.24 - 9987MISCELLANEOUS RESOLUTION 109227 September 24. 2009
BY; Planning and Building Committee, Jonn A. Scott. Chair
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:
WHEREAS, the County of Oakland. Michigan (the "County"), and the Oakland County Building
Authority (the "Authority") nave entered into a Lease Contract dated as of November 1, 2002 (the "Lease
Contract"), pursuant to which the Authority issued the S20,240,000 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''); ana
WHEREAS, an excess of at least 5478,608.86 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); relocatilg the Clinic from Old North Health to the NOHC; and
Children's Village Building A, Security Enhancements Project witn 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.
NOW. THEREFORE, BE IT 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 Amendment 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 behalf of the County.
3. All activities involved in the plann ng and construction of the NOHC Project under this
resolution shall comply with tne 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 By,fyING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimousiy on a roll call vote with Runestad absent.
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APPENDIX I
AMENDMENT TO LEASE CONTRACT
THIS FULL FAITH AND CREDIT GENERAL OBLIGATION AMENDMENT TO LEASE
CONTRACT ("Amendment to Lease'') made 85 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 provsions 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"),
WITNESSETH.
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 issuec the $20,240.000 Oakland County Building Authority,
Building Authority Bonds, Series 2004A (tne "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 $478,608.86 remains after completion of the Original Project;
and
WHEREAS, the County proposes to undertake an additiona project to construct renovations to
the North Oakland Health 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 "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 Remaining Bond Proceeds for Additional Project. The funds
remaining in the Office Building Renovation Project Fund are hereby authorized to be
transferred to the North Oakland 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:
Chairman, Board of Commissioners
By:
County Clerk
las.r3-oak99
STATE OF MICHIGAN)
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
benalf of the Authority by authority of its Commission, and mat 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 . 2009, before me appeared
and to me personally known. who being by me duly sworn, did each say that they
are, respectively. the Chairman of the Board of Commissioners and the County Clerk of the COUNTY OF
OAKLAND ano 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 acknowledged
such ristrument to be the free act and deed of the County.
Notary Public, Oakland County,
Michigan
My Commission Expires
(Seal)
Instrument Drafted By:
John R. Axe
Axe & Ecklund. C.
21 Kercheval. Suite 360
Grosse Pointe Farms, Michigan 4 8236
las.r3-oak99
EXHIBIT 1
Project Description:
The Project consists of renovations to tne 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
oublic, anc meet building codes.
The Project will also consist cf relocating the Clinic -`rom Old North Health to the NOHC.
In addition, the Project will consist of the Children's Vidage 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 . $545 COO
las.r3-oak99
Resolution #09227 September 24, 2009
The Chairperson referrea the resolution to the Finance Committee. There were no objections
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