Sept. 22, 2016 Meeting of the Board of Directors Meeting of the Board of Directors Agenda
Agenda One Maritime Plaza, 2nd Floor, Classrooms A & B Thursday, September 22, 2016 at 8 a.m.
Page No.
I. Call to Order
II. Roll Call
III. Approval of Previous Meeting Minutes: July 28, 2016 & August 31, 2016 4 - 15
IV. Public Comment Period
V. Report and Communications from the Chair: James M. Tuschman
A. Presentation by Chris Amato, President of Historic South, regarding Historic South End Toledo
B. Presentation by Susan Reams, local arts advocate and former head of the former Arts Commission of Greater Toledo regarding Toledo Alight Project
C. Community Economic Development Initiative Grant to Toledo 16 - 17 Community Foundation for Toledo Alight
a. Exhibit A 18 - 21
VI. Report of the President & CEO: Paul L. Toth, Jr.
VII. Recommendations and Reports from Standing Committees and Divisions
A. Finance Committee: Dr. Lloyd A. Jacobs, chair
1. Consider Expenditures through August 31, 2016 22 - 31
2. Consider 2015 Audited Financial Statements 32 - 33
3. Consider Second Supplemental Trust Indenture Related to Port 34 - 38 Authority’s Series 2007 Bonds (Town Square at Levis Commons Special Assessment Project) as required by Court Order of Wood County Court of Common Pleas
4. Consider Issuance of Revenue Bonds to Finance the Costs of 39 - 49 Acquiring, Constructing, Improving, Equipping, and Furnishing a Classroom and Research Facility (Wright State University, $3,000,000)
5. Consider Amendments to Resolution No. 62-16 Authorizing 50 - 52 Issuance of Bonds for Expansion of Spec Building at Overland Industrial Park
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6. Consider Appropriation for Construction Costs Associated with 53 - 55 Expansion of Spec Building for Dana at Overland Industrial Park
7. Financing Programs Dashboard 56
8. BetterBuildings Northwest Ohio Progress Report 57
9. Northwest Ohio Bond Fund Trustee Report 58
B. Transportation & Operations Committee: William J. Carroll, chair
1. Consider Contract for Replacement of Passenger Boarding Bridge 59 - 61 at Toledo Express Airport (ThyssenKrupp)
2. Consider Design of Terminal Apron Rehabilitation at Toledo 62 - 63 Express Airport (RS&H, Inc.)
3. Toledo Express Airport Statistics 64
4. Seaport Statistics 65
5. Amtrak Statistics 66
C. Planning & Development Committee: Sharon Speyer, chair
1. Consider Construction Contract for Wrangler Drive at Overland 67 - 69 Industrial Park (Crestline Paving & Excavating)
2. Consider Lease with The Maritime Academy of Toledo at One 70 - 71 Maritime Plaza
3. Consider Local Public Agency Federal Local-Let Project Agreement 72 - 74 for Improvements to Dr. Martin Luther King, Jr. Plaza
4. Consider Lease with American Maritime Officers at One Maritime 75 - 76 Plaza
D. Government, Community & Human Relations Committee: Andrea Price, chair
1. Consider Community Economic Development Initiative Grant for 77 - 78 Water for Ishmael
2. Consider Community Economic Development Initiative Grant for 79 - 80 Toledo Botanical Garden (Toledo GROWS Kitchen Project)
3. Diversified Contractors Accelerator Program (DCAP) Update 81
VIII. Executive Session pursuant to §121.22 (G)(1) of the Ohio Revised Code
IX. Other Business
X. Adjournment
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Meeting Minutes of the Board of Directors July 28, 2016
The Pledge of Allegiance was recited.
ROLL CALL
The seventh meeting in 2016 of the Toledo-Lucas County Port Authority Board of Directors was called to order at 8:00 a.m. on Thursday, July 28, 2016, at One Maritime Plaza, 2nd Floor, Classrooms A and B, Toledo, Ohio.
The following members were present: Chairman James M. Tuschman, Directors William J. Carroll, Jerry Chabler, Bernard H. Culp, Dr. Lloyd A. Jacobs, Andrea R. Price, Nadeem S. Salem, Sharon Speyer, A. Bailey Stanbery and George Tucker. Baldemar Velasquez joined the meeting in progress.
The following members were absent: Directors G. Opie Rollison and John S. Szuch.
APPROVE MINUTES OF MEETING June 23, 2016
The minutes of the meeting of June 23, 2016 were presented for approval, copies having been distributed in advance to all directors. On motion by Director Tuschman and seconded by Director Carroll, and unanimously carried, the minutes were approved as submitted.
PUBLIC COMMENT PERIOD
Chairman Tuschman requested comments from the public. Hearing none, he proceeded with the order of business.
REPORT AND COMMUNICATIONS FROM THE CHAIR: JAMES M. TUSCHMAN
Chairman Tuschman reported that due to the desire of several several directors to attend the funeral of Judge David Katz this morning, the following items are moved to the August agenda: Historic South Toledo Presentation; Community Economic Development Initiative Grant to Toledo Community Foundation for Toledo Alight; Executive Session for Compensation, and Holly Kemler’s website update. Chairman Tuschman added that he would like to thank the staff for their work on the Toledo Air Show. Chairman Tuschman presented a brief video from the U.S. Air Force “Thunderbirds” as its ‘thank you’ to Toledo.
RESOLUTION IN HONOR OF JERRY CHABLER
Chairman Tuschman presented a plaque and captains wheel to Director Chabler in appreciation for his contributions to the Port Authority.
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RESOLUTION NO. 50-16
In Honor of Jerry Chabler
CODE OF CONDUCT, TOLEDO-LUCAS COUNTY PORT AUTHORITY, BOARD OF DIRECTORS
Chairman Tuschman reported that the board of directors had been given a month to submit comments regarding the Code of Conduct presented at the June 23, 2016 board meeting, and that changes has been incorporated. Upon motion by Director Jacobs and seconded by Director Stanbery, Chairman Tuschman requested a roll call vote of the issue: Stanbery, yes; Carroll, yes; Price, no; Jacobs, yes; Speyer, yes; Culp, no; Tucker, no; Chabler, no; Salem, yes, Tuschman, yes. The issue was passed by majority vote in favor; the Code of Conduct was approved.
COMMITTEE CHARTERS - SCOPE OF RESPONSIBILITIES
Chairman Tuschman requested a motion to approve the Committee Charters as approved and advanced by each of the Finance, Transportation & Operations, Planning & Development, and Government, Community & Human Relations Committees. Upon motion by Director Carroll, seconded by Director Stanbery, and unanimously carried, the Committee Charters were approved.
REPORT BY THE PRESIDENT & CEO: PAUL L. TOTH, JR.
Paul L. Toth, Jr., President & CEO, acknowledged the Airport staff Steve Arnold, Joyce Amborski and Joe Rotterdam, for their work on the Toledo Air Show. Mr. Toth also acknowledged Brian Perz, Anthony Schumaker, and John Stieb for their help with the parking. Mr. Toth reported that the financials were presented to the state auditors and acknowledged Michele Lashuay and Katie Feher for their work on the audit resulting in no findings. Mr. Toth also reported that Overland Industrial Park is creating jobs in low income / poverty stricken areas. Further, Mr. Toth expressed his thanks to Director Chabler for his dedication through the years to the Port Authority
REPORT OF PRESIDENT REGARDING ACQUISITION OF GOODS, EQUIPMENT, MATERIEL & SERVICES FOR QUARTER ENDING JUNE 30, 2016
Director Velasquez joined the meeting in progress.
RECOMMENDATIONS AND REPORTS FROM STANDING COMMITTEES AND DIVISIONS
FINANCE COMMITTEE
CONSIDER EXPENDITURES THROUGH JUNE 30, 2016
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Director Jacobs, Finance Committee chair, reported that the Operating Budget through June 2016 shows $395,667 excess operating revenues over operating expenses. This is ahead of budget by $317,175.
After discussion, on motion by Director Jacobs, seconded by Director Tucker, and unanimously carried, the Expenditures through June 2016 were approved as submitted.
CONSIDER CAPITAL LEASE FOR MITSUBISHI RAIL SPUR AND LOAN FROM STATE INFRASTRUCTURE BANK
Director Jacobs reported that the Port Authority has been asked to provide funds necessary to complete the installation of a rail spur for the Mitsubishi Chemical Performance Polymers, Inc.
The Finance Committee recommended adoption of a resolution authorizing the President to apply for a loan from the Ohio Department of Transportation State Infrastructure Bank and enter a ten year capital lease with Mitsubishi Chemical Performance Polymers, Inc. for the construction of the rail spur.
After discussion, on motion by Director Jacobs, seconded by Director Carroll, and unanimously carried,
RESOLUTION NO. 51-16
Authorize Capital Lease for Mitsubishi Rail Spur and Loan from State Infrastructure Bank
was adopted. The resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
CONSIDER AMENDMENT TO RESOLUTION NO. 42-16 REGARDING ISSUANCE OF SERIES 2016C REVENUE BONDS
Director Jacobs reported that last month this Board authorized the issuance of development revenue bonds in an amount up to $5,000,000 through the Northwest Ohio Bond Fund (the “Series 2016C Bonds”) for the benefit of the Northwest Ohio Advanced Energy Improvement District for the acquisition and construction of certain energy efficiency and advanced energy improvement projects, all constituting “port authority facilities” (the “Project”).
The Finance Committee recommended adoption of a resolution authorizing amendment to Resolution No. 42-16 to authorize the issuance of the Series 2016C Bonds in an aggregate principal amount not to exceed $8,000,000 to be used to finance the Project.
After discussion, on motion by Director Jacobs, seconded by Director Carroll, and unanimously carried,
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RESOLUTION NO. 52-16
Authorize Amendment to Resolution No. 42-16 regarding Issuance of Series 2016C Revenue Bonds
was adopted. The resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
CONSIDER ISSUANCE OF REVENUE BONDS AND AUTHORIZING TEMPORARY LOAN AGREEMENT WITH WATERVILLE SENIOR LIVING, LLC DBA STORYPOINT OF WATERVILLE
Director Jacobs reported that in March of this year, the Board induced the issuance of up to $40,000,000 bonds (the “Series 2016 Bonds”) for the benefit of Waterville Care 2016, LLC or Senior Living Waterville, LLC dba StoryPoint of Waterville (collectively, “the Lessee”).
The Finance Committee recommended adoption of a resolution authorizing (i) the issuance of the Series 2016 Bonds; and (ii) the President to enter into agreements necessary to consummate the temporary loan with Waterville Senior Living, LLC, which agreement will remain in place until the issuance of the Series 2016 Bonds can occur.
After discussion, on motion by Director Jacobs, seconded by Director Salem, and unanimously carried,
RESOLUTION NO. 53-16
Authorize Issuance of Revenue Bonds and Authorize Temporary Loan Agreement with Waterville Senior Living, LLC
was adopted. The resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
CONSIDER PURCHASE OF OVERLAND INDUSTRIAL PARKWAY ONE, LLC LEASEHOLD INTEREST IN OVERLAND PARK SPEC BUILDING
Director Jacobs reported that, in June 2014, the Port Authority and Overland Industrial Parkway One, LLC (“Overland One”) entered into a lease and development agreement to construct a 100,000 SF warehouse/manufacturing spec building at Overland Industrial Park. In addition, a lease has been signed between Overland One and Dana Holdings to lease the existing building, which includes an option to expand the building by up to an additional 200,000 SF. Dana has recently exercised its option for the expansion.
The Finance Committee recommended adoption of a resolution appropriating $600,000
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from Port Authority reserves to purchase the leasehold interest of Overland One and authorizes the President to enter into agreements necessary to assume the existing debt on the spec building and to transfer full ownership of the spec building to the Port Authority.
After discussion, on motion by Director Jacobs, seconded by Director Culp, and unanimously carried,
RESOLUTION NO. 54-16
Authorize Purchase of Overland Industrial Parkway One, LLC Leasehold Interest in Overland Park Spec Building
was adopted. The Resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
CONSIDER APPROVAL OF ISSUANCE OF BONDS FOR EXPANSION OF SPEC BUILDING AT OVERLAND INDUSTRIAL PARK
Director Jacobs reported that, in June 2014, the Port Authority and Overland Industrial Parkway One, LLC (“Overland One”) entered into a lease and development agreement to construct a 100,000 SF warehouse/manufacturing spec building at the Overland Industrial Park. A lease has been signed with Dana Holdings to lease the existing building, which includes an expansion of the building by an additional 200,000 SF to accommodate the manufacturing and assembly of axles for Chrysler and other auto makers in the region. Dana has committed at least 300 living wage jobs to be created at the facility, and will invest up to $70 million in equipment and other improvements in the building.
The Finance Committee recommended adoption of a resolution authorizing the issuance of up to $8.5 million in taxable bonds from the Northwest Ohio Bond Fund and accepting a $6,250,000 loan from JobsOhio and a $750,000 loan from Lucas County to finance the expansion and tenant improvements of the existing 100,000 SF spec building.
After discussion, on motion by Director Jacobs, seconded by Director Chabler, and unanimously carried,
RESOLUTION NO. 55-16
Authorize Issuance of Bonds for Expansion of Spec Building at Overland Industrial Park
was adopted. The Resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
CONSIDER ISSUANCE OF BONDS FOR CONSTRUCTION OF A 100,000 SQ. FT. BUILDING AT OVERLAND INDUSTRIAL PARK
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Director Jacobs reported that, in June, the Port Authority, NAI/Harmon and Dana Corporation announced a lease with Dana Holdings for the 100,000 SF warehouse/manufacturing spec building at the Overland Industrial Park, including an expansion of the building by an additional 200,000 SF to accommodate the manufacturing and assembly of axles for Chrysler and other auto makers in the region. Dana has committed at least 300 living- wage jobs will be created at the facility and will invest up to $70 million in equipment and other improvements in the building.
The Finance Committee recommended adoption of a resolution authorizing the issuance of up to $2.3 million in taxable bonds from the Northwest Ohio Bond Fund, accepting a loan from JobsOhio in the amount of $2,000,000, and appropriating $1.0 million from Port Authority reserves to finance the construction of a 100,000 SF Class A building just north of the proposed Dana manufacturing facility at Overland Industrial Park.
After discussion, on motion by Director Jacobs, seconded by Director Culp, and unanimously carried,
RESOLUTION NO. 56-16
Authorize Issuance of Bonds for Construction of 100,000 SF Building at Overland Industrial Park
was adopted. The resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
FINANCING PROGRAMS DASHBOARD
Director Jacobs presented the Financing Programs Dashboard.
BETTERBUILDINGS NORTHWEST OHIO PROGRESS REPORT
Director Jacobs reported on recent and current projects being undertaken by the BetterBuildings Northwest Ohio program.
NORTHWEST OHIO BOND FUND TRUSTEE REPORT
Director Jacobs presented the Northwest Ohio Bond Fund Trustee report.
TRANSPORTATION & OPERATIONS COMMITTEE
CONSIDER CONSTRUCTION CONTRACT FOR FENCING INSTALLATION AT CENTER OF INNOVATION FOR BENEFICIAL REUSE DREDGED MATERIAL
Director Carroll, Transportation & Operations Committee chair, reported that in October
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2014 the Board of Directors authorized the President to accept grant funding from the Ohio Department of Natural Resources through its Healthy Lake Grant program and to enter into an agreement with the City of Toledo to utilize City property to implement projects involving the beneficial use of dredged material. The next phase of construction of the new facility will be a new perimeter fence, gates and seeding work.
The Transportation & Operations Committee recommended adoption of a resolution authorizing the President to enter into a contract with Marleau-Hercules Fence Co. for the project in an amount not to exceed $111,995 and authorizing payment, including up to an additional ten percent (10%) contingency, from the proceeds of the Ohio Department of Natural Resources Healthy Lake Grant.
After discussion, on motion by Director Carroll, seconded by Director Tucker, and unanimously carried,
RESOLUTION NO. 57-16
Authorizing Construction Contract for Fence Installation at Center of Innovation for Beneficial Reuse Dredged Material
was adopted. The resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
CONSIDER ENERGY PROGRAM FOR MECHANICAL SYSTEM AND LIGHTING UPGRADES AT TWO MARITIME PLAZA
Director Carroll reported that the next BetterBuildings project at a Port Authority property will be the mechanical system and lighting upgrades at Two Maritime Plaza. In October 2010, the Board of Directors established a Revolving Loan Fund mechanism for the Port Authority’s Energy Efficiency and Alternative Energy Program capitalized with $3,000,000 of the proceeds of a grant from the U.S. Department of Energy.
The Transportation & Operations Committee recommended adoption of a resolution authorizing the President to enter into contracts with contractors submitting the lowest responsive and responsible proposals to replace the mechanical and lighting systems in Two Maritime Plaza, the total project cost of which will not exceed $550,000. The project will be funded by Series 2016C bonds issued to the Northwest Ohio Advanced Energy Improvement District. The Port Authority will repay the project through an assessment on the property and paid back over 15 years.
After discussion, on motion by Director Carroll, seconded by Director Chabler, and unanimously carried,
RESOLUTION NO. 58-16
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Authorizing Energy Program for Mechanical System and Lighting at Two Maritime Plaza
was adopted. The resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
TOLEDO EXPRESS AIRPORT STATISTICS
SEAPORT STATISTICS
AMTRAK RIDERSHIP
PLANNING & DEVELOPMENT COMMITTEE
CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR OVERLAND INDUSTRIAL PARK (MANNIK & SMITH GROUP)
Director Speyer reported that since 2010 when the Port Authority purchased the Overland Industrial Park site, Mannik & Smith Group has been the planning, environmental and engineering partner for this project. The next phase in redevelopment at Overland is design of the Phase One Service Road for the access to the back of the site, as well as platting, topographic update, and final site plan.
The Planning & Development Committee recommended adoption of a resolution authorizing the President to enter into a contract with Mannik & Smith Group for the next phase of professional services for Overland Industrial Park at a cost not exceed $250,000. The project will be funded from Port Authority Reserves.
After discussion, on motion by Director Speyer, seconded by Director Chabler, and unanimously carried,
RESOLUTION NO. 59-16
Authorizing Professional Services Agreement for Overland Industrial Park (Mannik & Smith Group)
was adopted. The resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
GOVERNMENT, COMMUNITY & HUMAN RELATIONS COMMITTEE
CONSIDER COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE GRANT TO REGIONAL GROWTH PARTNERSHIP FOR ROCKET VENTURES
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Director Price reported that an application was submitted for $35,000 to support the not- for-profit entity Rocket Ventures, LLC, in collaboration with Lucas County. Rocket Ventures is a technology-enable start-up environment through a broad and inclusive entrepreneurial community in northwest Ohio, while specifically focusing on preparing companies for funding and sustainability by providing intensive business assistance services.
The Government, Community and Human Relations Committee recommended adoption of a resolution authorizing the President to execute a grant agreement for Rocket Ventures in collaboration with Lucas County for the expenditure of $35,000 of previously-appropriated funds from the Property Tax Fund for eligible development costs.
After discussion, on motion by Director Price, seconded by Director Culp, and unanimously carried, Directors Jacobs and Speyer abstained.
RESOLUTION NO. 60-16
Authorizing Community Economic Development Initiative Grant to Regional Growth Partnership for Rocket Ventures
was adopted. The resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
DIVERSIFIED CONTRACTORS ACCELERATOR PROGRAM (DCAP) REPORT
Director Price reported that the Port Authority accepted another participant into the Diversified Contractors Accelerator Program, the Danielle Vincent Agency. The current total of participants is 50. Capital request applications in the amount of $250,931 were approved in June. Approvals to date: $3,981,937.
ADJOURN
There being no further business, the meeting adjourned at 9:25 a.m.
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Minutes of Special Meeting of the Board of Directors August 31, 2016
The Pledge of Allegiance was recited.
ROLL CALL
The eighth meeting, which was a Special Meeting, in 2016 of the Toledo-Lucas County Port Authority Board of Directors was called to order at 8:00 a.m. on Wednesday, August 31, 2016, at One Maritime Plaza, 2nd Floor, Classrooms A and B, Toledo, Ohio.
The following members were present: Chairman James M. Tuschman, Vice Chairman John S. Szuch, Directors William J. Carroll, Jerry Chabler, Bernard H. Culp, Dr. Lloyd A. Jacobs, Andrea Price, Nadeem S. Salem, A. Bailey Stanbery, George Tucker and Baldemar Velasquez.
The following members were absent: Directors G. Opie Rollison and Sharon Speyer.
PUBLIC COMMENT PERIOD
Chairman Tuschman requested comments from the public. Hearing none, he proceeded with the order of business.
REPORT AND COMMUNICATIONS FROM THE CHAIR: JAMES M. TUSCHMAN
CONSIDER FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT FOR CONSTRUCTION OF U.S. CUSTOMS FACILITY AND FOR DESIGN OF TERMINAL APRON REHABILITATION AT TOLEDO EXPRESS AIRPORT
Chairman Tuschman reported that in September 2015, the Board authorized construction of the new Department of Homeland Security U.S. Customs and Border Protection facility at Toledo Express Airport and the purchase of information technology services and equipment for the facility. The building is completed and U.S. Customs has been using the facility since July 1, 2016. The Port Authority spent approximately $1,005,000 to construct, equip, and furnish the facility to U.S. Customs specifications.
The Chairman Tuschman recommended adoption of a resolution to accept a grant from the Federal Aviation Administration in the amount of $538,561 and to authorize the President to execute the grant agreement, the proceeds of which shall reimburse amounts paid from 2014 and 2015 tax revenue and Airport Reserves for the U.S. Customs and Border Protection facility.
After discussion, on motion by Director Tuschman, seconded by Director Stanbery, and unanimously carried,
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RESOLUTION NO. 61-16
Authorizing Federal Aviation Administration Grant Agreement for Construction of U.S. Customs Facility and Design of Terminal Apron Rehabilitation at Toledo Express Airport
was adopted. The resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
CONSIDER APPROVAL FOR ISSUANCE OF BONDS FOR EXPANSION OF SPEC BUILDING AT OVERLAND INDUSTRIAL PARK ($11 Million); AUTHORIZING LOANS FROM JOBSOHIO ($8,750,000) AND LUCAS COUNTY, OHIO ($750,000); AND REPEAL OF RESOLUTION NO. 55-16
Director Jacobs reported that in June 2014 the Port Authority and Overland Industrial Parkway One, LLC (“Overland One”) entered into a lease and development agreement to construct a 100,000 square foot warehouse/manufacturing spec building at Overland Industrial Park. A lease has been signed with Dana Holdings to lease the existing building, which includes an expansion of the building by an additional 200,000 square feet to accommodate the manufacturing and assembly of axles for Chrysler and other auto makers in the region.
The Finance Committee Chair recommended adoption of a resolution authorizing the issuance of up to $11 million in taxable bonds from the Northwest Ohio Bond Fund and accepting a loan from JobsOhio in the amount of $8,750,000 and a loan from Lucas County, Ohio in the amount of $750,000 to finance the expansion and tenant improvements of the existing 100,000 square foot spec building.
After discussion, on motion by Director Jacobs, seconded by Director Culp, and unanimously carried,
RESOLUTION NO. 62-16
Authorizing the Issuance and Sale of a Maximum Aggregate Principal Amount of $11,000,000 of Revenue Bonds of the Toledo-Lucas County Port Authority Under the Northwest Ohio Bond Fund Program for the Purpose of Financing and Refinancing Costs of “Port Authority Facilities” Within the Meaning of Ohio Revised Code Section 4582.01; Authorizing The Port Authority to Borrow Up to $8,750,000 from JobsOhioAnd Up to $750,000 from Lucas County, Ohio; Authorizing the Execution and Delivery of a Supplemental Trust Indenture to Secure the Bonds; Authorizing the Execution and Delivery of Open-End Mortgages and Security Agreements Securing the Bonds and the Port Authority’s Obligations to JobsOhio and Lucas County, Ohio; Authorizing the Execution and Delivery Of a Lease with Dana Limited, an Ohio Limited Liability Company; Authorizing the Sale
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of the Bonds Pursuant to a Bond Purchase Agreement; Authorizing the Distribution of a Disclosure Statement in Connection with the Sale of the Bonds; Authorizing the Execution and Delivery of a Disbursing, Payment And Collateral Agreement and an Assignment of Lease and Approving Related Matters
was adopted. The resolution in its full text is incorporated in the Resolutions Journal of the Port Authority.
ADJOURN
There being no further business, the meeting adjourned at 8:30 a.m.
15 September 22, 2016 Meeting of the Board of Directors Agenda Item V (C)
Consider Community Economic Development Initiative Grant to Toledo Community Foundation for Toledo Alight
The Port Authority Board of Directors appropriated $350,000 of proceeds from
the property tax levy for the purpose of providing funds to economic development
projects undertaken by eligible, neighborhood-based organizations in Lucas County.
An application has been submitted by the Toledo Community Foundation
requesting $35,000 to provide funding for the Toledo Alight project. The Toledo Alight
project was formed to provide decorative LED lights to the Anthony Wayne Bridge. By
illuminating the bridge, the community is creating a scenic view that will include the
water, surrounding buildings and facilities helping to improve the neighborhood.
The cost of the lighting project is estimated at $300,000 with $185,000 in
commitments from various community partners. Construction jobs will be created for
electricians and iron workers in addition to the Ohio Department of Transportation work.
It is anticipated that additional employment opportunities will develop in and around the
bridge and downtown Toledo with this project being an anchor for the Nautical Mile.
The Chairman of the Board of Directors recommends adoption of the following
resolution authorizing a grant agreement with the Toledo Community Foundation for its
Toledo Alight Project and the expenditure of $35,000 to be paid from the Property Tax
Fund as previously appropriated for eligible development costs.
16 September 22, 2016 Meeting of the Board of Directors Agenda Item V (C)
RESOLUTION NO. _____
AUTHORIZING COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE GRANT TO TOLEDO COMMUNITY FOUNDATION FOR TOLEDO ALIGHT
WHEREAS, pursuant to Resolution No. 48-15, $350,000 was appropriated from proceeds of the property tax levy for the purpose of providing funds for economic development projects undertaken by eligible, neighborhood-based organizations in Lucas County; and
WHEREAS, a grant in the amount of $35,000 has been requested by the Toledo Community Foundation to provide funding for the Toledo Alight project, which was formed to provide decorative LED lights to the Anthony Wayne Bridge; and
WHEREAS, the cost of the lighting project is estimated at $300,000, with $185,000 in commitments from various community partners; and
WHEREAS, construction jobs will be created for electricians and iron workers in addition to the Ohio Department of Transportation work; it is anticipated that additional employment opportunities will develop in and around the bridge and downtown Toledo with this project being an anchor for the Nautical Mile;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute a grant agreement with Toledo Community Foundation in the amount of $35,000 for the Toledo Alight project, which grant agreement shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Financing Programs Manager.
That the grant in the amount of $35,000 shall be paid from the Property Tax Fund as previously appropriated.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
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Exhibit A
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21 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 1
Consider Expenditures through August 2016
The Operating Budget through August 2016 shows $504,400 excess operating
revenues over operating expenses. This is ahead of budget by $464,700.
Airport Division revenues of $2,525,300 were under budget by $53,100. Airport
expenses of $2,226,000 were $124,900 under budget largely due to repairs and
maintenance. Seaport Division revenues of $984,600 were ahead of budget by
$99,600, primarily due to Ironhead concession and Midwest revenue. Seaport
expenses of $304,200 were under budget by $35,100 with all expense categories
coming in under budget. Development and Property Division revenues of $1,579,700
were $101,900 ahead of budget due to higher than budgeted U.S. Small Business
Administration 504 Loan Program, Ohio Development Services Agency 166 Direct Loan
Program and bond issuance fees. Development and Property Division expenses of
$1,452,200 were under budget by $116,400 mostly because of personnel and utilities.
Administration Division expenses were under budget by $39,900 with personnel being
the main reason. The 2016 Operating Budget estimates a fund balance of $547,775 by
the end of the year.
The Finance Committee recommends approval of the Expenditures through
August 2016.
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31 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 2
Consider Accepting 2015 Audited Financial Statements
Gilmore, Jasion & Mahler, Ltd., a certified public accounting firm engaged by the
Auditor of the State of Ohio, has audited the Financial Statements of the Port Authority
for the year ending December 31, 2015. The audit received an unmodified, or clean
opinion and uncovered no findings. There were no management recommendations.
The Audited Financial Statements, Management Discussion and related notes
were prepared by the Port Authority staff in accordance with Generally Accepted
Accounting Principles (GAAP) which include the effects of depreciation of Port Authority
facilities and equipment.
The monthly statements provided to the Board of Directors are prepared on a
modified cash basis for the Operating and Tax Levy Funds. Those statements reflect
the areas over which the Board and staff have direct control.
The 2015 Audited Financial Statements reflect a “Statement of Net Position,” with
total assets of $266.4 million, an increase of approximately $12.1 million from the year
previous. This was mainly due to a large positive net income in 2015. Total Net Assets
were $222.5 million at the end of 2015. This represents an increase of approximately
$900,000 from the end of 2014.
The Finance Committee has reviewed the Audited Financial Statements with the
outside CPA firm and recommends their acceptance.
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RESOLUTION NO. _____
ACCEPTING 2015 AUDITED FINANCIAL STATEMENTS
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the audited financial statements for the fiscal year ending December 31, 2015, as audited by the accounting firm of Gilmore, Jasion & Mahler, Ltd., be and hereby are accepted.
Approved:
______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
33 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 3
Consider Second Supplemental Trust Indenture Related to Port Authority’s Series 2007 Bonds (Town Square at Levis Commons Special Assessment Project) as required by Court Order of Wood County Court of Common Pleas
On August 23, 2007, the Port Authority issued $14,165,000 in aggregate
principal amount of its Special Assessment Revenue Bonds, Series 2007 (Town Square
at Levis Commons Special Assessment Project) (the “Series 2007 Bonds”) and used
the proceeds thereof to finance the acquisition, construction, furnishing and equipping of
certain off-street parking projects and certain other public infrastructure projects located
in Perrysburg, Ohio. The Port Authority entered into a Trust Indenture (as amended,
the “Indenture”) with UMB Bank, National Association, as successor trustee (the
“Trustee”) for the purpose of issuing the Series 2007 Bonds.
Among the portions of the commercial development area within the City of
Perrysburg, Ohio, on which special assessments were levied to pay the debt service
charges on the Series 2007 Bonds, certain real property consisting of approximately
41,000 square feet of facilities and associated land to be used for retail entertainment
purposes (the “Town Square Retail”) and certain real property consisting of
approximately 11,600 square feet of facilities and associated land to be used for
commercial offices (the “Entertainment Complex”) were assessed with special
assessments that became due, unpaid, and delinquent. The Town Square Retail and
the Entertainment Complex were subject to a foreclosure action in the Wood County,
Ohio Court of Common Pleas as Case No. 2010 CV 1031 (the “Wood County Case”).
34 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 3
As a result of the delinquent special assessments on the Town Square Retail and
the Entertainment Complex, the debt service charges on the Series 2007 Bonds have
not been paid in full as required under the Indenture.
Pursuant to an order of the Wood County, Ohio Court of Common Pleas dated
September 7, 2016 (the “Ohio Court Order”), and an order of the District Court of the
Fourth Judicial District of the State of Minnesota, Probate Mental Health Division in
Court File No.: 27-TR-CV-16-40 obtained by the Trustee, the portions of the
development consisting of the Town Square Retail and the Entertainment Complex are
to be sold by The Skutch Company, Ltd., as the court-appointed receiver for the
property, and the proceeds from such sale are to be applied to pay certain costs of the
Wood County Case, to pay certain costs of the Trustee and the Port Authority, to
accomplish the redemption in part of the Series 2007 Bonds, and to pay certain other
costs and expenses.
In order to implement the Ohio Court Order and to resolve the Levis Commons
Town Square Retail and Entertainment Complex foreclosures, the Port Authority must
modify the Indenture with a Second Supplemental Trust Indenture.
The Finance Committee recommends adoption of the following resolution
authorizing a Second Supplemental Trust Indenture related to the Series 2007 Bonds,
as required by the Ohio Court Order.
35 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 3
RESOLUTION NO. _____
Authorizing The Execution And Delivery Of A Supplemental Trust Indenture to the Original Indenture for the Port Authority’s Special Assessment Revenue Bonds (Town Square at Levis Commons Special Assessment Project), Series 2007 Bonds, as Required by Order of the Wood County Court of Common Pleas; And Authorizing Related Matters
WHEREAS, the Toledo-Lucas County Port Authority (the “Port Authority”), a body corporate and politic duly organized and validly existing, under the laws of the State of Ohio (the “State”), is authorized and empowered, by virtue of the laws of the State, including without limitation, Section 13 of Article VIII, Ohio Constitution, Chapter 4582, Ohio Revised Code and Section 122.012, Ohio Revised Code, to issue its revenue bonds for the purpose of assisting in the financing of costs of acquiring, constructing, installing, equipping or improving “port authority facilities,” as defined in Section 4582.01, Ohio Revised Code; and
WHEREAS, pursuant to such authority, the Port Authority has entered into a Trust Indenture dated as of August 1, 2007 (the “Original Indenture”) with UMB Bank, National Association, as Trustee (the “Trustee”) and as successor trustee to The Bank of New York Mellon Trust Company, N.A. (the “Original Trustee”) for the purpose of issuing $14,165,000 in aggregate principal amount of the Port Authority’s Special Assessment Revenue Bonds, Series 2007 (Town Square at Levis Commons Special Assessment Project) (the “Series 2007 Bonds”) and to use the proceeds thereof to finance the acquisition, construction, furnishing and equipping of the Projects (as defined in the Original Indenture); and
WHEREAS, the Port Authority and the Original Trustee entered into a First Supplemental Trust Indenture dated as of November 1, 2007 (the “First Supplement”) in order to modify the Original Indenture in order to cure an ambiguity, inconsistency or formal defect or omission in the Original Indenture; and
WHEREAS, among the portions of Development (as defined in the Original Indenture) on which special assessments were levied to pay the costs of the Projects, including the debt service charges on the Series 2007 Bonds, certain real property consisting of approximately 41,000 square feet of facilities and associated land to be used for retail entertainment purposes (the “Town Square Retail”) and certain real property consisting of approximately 11,600 square feet of facilities and associated land to be used for commercial offices (the “Entertainment Complex”) were assessed with special assessments that became due, unpaid, and delinquent; and
WHEREAS, as a result of the delinquent special assessments on the Town Square Retail and the Entertainment Complex, the debt service charges on the Series 2007 Bonds have not been paid in full as required under the Original Indenture, as amended by the First Supplement; and
36 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 3
WHEREAS, pursuant to an order of the Common Pleas Court of Wood County, Ohio dated September 7, 2016, (the “Ohio Court Order”) in Case No. 2010 CV 1031 (the “Wood County Case”), and an order of the District Court of the Fourth Judicial District of the State of Minnesota, Probate Mental Health Division in Court File No.: 27-TR-CV-16-40, the portions of the Development consisting of the Town Square Retail and the Entertainment Complex are to be sold by The Skutch Company, Ltd., the receiver therefor (the “Receiver”) and the proceeds from such sale are to be applied to pay certain costs of the Wood County Case, to pay certain costs of the Trustee and the Port Authority, to accomplish the redemption in part of the Series 2007 Bonds, and to pay certain other costs and expenses; and
WHEREAS, the Port Authority now desires to enter into the Second Supplemental Trust Indenture (the “Second Supplement,” and, together with the Original Indenture and the First Supplement, the “Indenture”) in order to implement the Ohio Court Order.
NOW, THEREFORE, Be It Resolved by the Board of Directors of the Toledo-Lucas County Port Authority:
Section 1. The President and the Assistant Secretary and Fiscal Officer of the Port Authority, and each of them, is hereby authorized to cause to be prepared, and to execute, deliver and perform, the Second Supplement in substantially the form now on file with the Fiscal Officer, with such changes therein as are approved by the officers executing such document, are permitted by the Act (as defined in the Indenture), the Ohio Court Order, and this resolution, are not inconsistent with Act (as defined in the Indenture), the Ohio Court Order, and this resolution and are not materially adverse to the Port Authority. The execution and delivery of the Second Supplement shall be conclusive evidence that such document meets the requirements of this Section. The President and the Assistant Secretary and Fiscal Officer are directed to make the necessary arrangements on behalf of the Port Authority to establish the date, location, procedure and conditions for the delivery of any Series 2007 Bonds to the Holders thereof. Those officers are further directed to take all actions necessary to effect due execution, authentication and delivery of any Series 2007 Bonds under the terms of the
Act (as defined in the Indenture), the Ohio Court Order, the Indenture, and this resolution.
Section 2. The President and the Assistant Secretary and Fiscal Officer of the Port Authority, and each of them, is hereby authorized and directed to give:
(a) an appropriate certificate of the Port Authority setting forth facts and expectations of the Port Authority to assist Bricker & Eckler LLP, as Bond Counsel to the Port Authority, in rendering its opinion as to the taxability of interest on the Series 2007 Bonds for purposes of federal income taxation;
(b) the information report required by Section 149(e) of the Internal Revenue Code of 1986, as amended (the “Code”); and
37 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 3
(c) any certifications, financing statements, assignments, agreements and instruments, to accept on behalf of the Port Authority such additional security, and to take such further actions as are necessary or appropriate to effect, consummate, and perform the transactions contemplated in the Ohio Court Order and this resolution so long as such actions and any documents are approved by such officers, are permitted by the Act (as defined in the Indenture), the Ohio Court Order, and this resolution, are not inconsistent with Act (as defined in the Indenture), the Ohio Court Order, and this resolution and are not materially adverse to the Port Authority. The determination that such actions and any documents executed pursuant to those actions are not materially adverse to the Port Authority shall be evidenced conclusively by the taking of those actions or execution of those documents by those officials. All actions heretofore taken by the officers and officials of the Port Authority and of this Legislative Authority in connection with the Series 2007 Bonds are hereby ratified and approved.
Section 3. It is found and determined that all formal actions of this Legislative Authority concerning and relating to the adoption of this resolution were taken in an open meeting of this Legislative Authority, and that all deliberations of this Legislative Authority and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law.
Section 4. This resolution shall be in full force and effect upon its adoption.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
38 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
Consider Issuance of Revenue Bonds to Finance the Costs of Acquiring, Constructing, Improving, Equipping, and Furnishing a Classroom and Research Facility (Wright State University, $3,000,000)
The Toledo-Lucas County Port Authority (the “Port Authority”) has been
requested to issue up to $3,000,000 in special obligation lease revenue bonds (the
“Lease Revenue Bonds”) for the benefit of Double Bowler Properties Corp. (“Double
Bowler”) for the acquisition and construction of a classroom and research facility, all
constituting “port authority facilities” (the “Project”). The Project will be located at Wright
State University’s Lake Campus in the City of Celina, Mercer County, Ohio. Double
Bowler, an Ohio nonprofit corporation formed to provide services to Wright State
University (the “University”), will lease the Project to the University for use in its
educational and research functions.
The expected principal amount of the Lease Revenue Bonds to be issued is
$1,500,000. The proceeds of the Lease Revenue Bonds will be used to finance a
portion of the costs of the Project. The proceeds of the Lease Revenue Bonds will be
made available to Double Bowler pursuant to a Bond Purchase Agreement by and
between Double Bowler, the Port Authority, and the original purchaser of the Lease
Revenue Bonds. Double Bowler will act as the Port Authority’s construction manager
at-risk for the construction of the Project pursuant to the terms of a Construction
Manager At-Risk Agreement. As security for the repayment of the Lease Revenue
Bonds, Double Bowler will grant the Port Authority a mortgage on the Project and the
real property on which the Project is located. Pursuant to the mortgage, Double Bowler
39 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
will assign to the Port Authority all lease rental payments due to Double Bowler from the
University. Pursuant to the mortgage and the Bond Purchase Agreement, all such lease
rental payments will be paid directly to the original purchaser of the bonds by the
University.
It is expected that the original purchaser of the Lease Revenue Bonds will
advance the proceeds of the Lease Revenue Bonds as construction costs are incurred,
and that the Port Authority will administer disbursement of those proceeds to pay the
costs of the Project. The Port Authority will cause repayment of the Lease Revenue
Bonds by requiring the University to pay lease rental payments directly to the original
purchaser of the bonds.
The Finance Committee recommends the acceptance of the attached draft
resolution regarding the issuance of the bonds in the principal amount of up to
$3,000,000 to be used to finance the Project.
40 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
RESOLUTION NO. _____
AUTHORIZING THE ISSUANCE AND SALE OF A MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $3,000,000 OF LEASE REVENUE BONDS OF THE TOLEDO-LUCAS COUNTY PORT AUTHORITY FOR THE PURPOSE OF FINANCING COSTS OF “PORT AUTHORITY FACILITIES” WITHIN THE MEANING OF SECTION 4582.01, OHIO REVISED CODE, FOR THE BENEFIT OF DOUBLE BOWLER PROPERTIES CORP.; AUTHORIZING A BOND PURCHASE AGREEMENT; AUTHORIZING AN OPEN-END MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT; AUTHORIZING A CONSTRUCTION MANAGER AT-RISK AGREEMENT; AUTHORIZING OTHER COLLATERAL DOCUMENTS; AND AUTHORIZING AND APPROVING RELATED MATTERS
WHEREAS, the Toledo-Lucas County Port Authority (the “Port Authority”), a body corporate and politic duly organized and validly existing under the laws of the State of Ohio (the “State”), is authorized and empowered, by virtue of the laws of the State, including without limitation, Sections 13 and 16 of Article VIII, Ohio Constitution, Chapter 4582, Ohio Revised Code, and Section 122.012, Ohio Revised Code (a) to issue its revenue bonds for the purpose of assisting in the financing of costs of acquiring, constructing, equipping, installing or improving “port authority facilities,” as defined in Section 4582.01, Ohio Revised Code, located within the boundaries of Mercer County, Ohio, except as otherwise permitted by the Act (as defined below), (b) to enter into agreements with respect to the financing, acquisition, construction, equipping, installation, and improvement of such facilities and to provide for a pledge of certain revenues sufficient to pay the principal of and interest and any premium on those revenue bonds, (c) to further secure the repayment of those revenue bonds by accepting a mortgage interest in the property to be acquired, constructed, equipped, installed, and improved from the proceeds of such revenue bonds, and (d) to enact this Bond Legislation, to enter into the Bond Purchase Agreement, the Mortgage, the Construction Manager At-Risk Agreement, and any Collateral Documents, each as defined in Section 1, upon the terms and conditions provided in this Bond Legislation; and
WHEREAS, upon the advice of the officers of the Port Authority, this Legislative Authority has determined that the Project will enhance, foster, aid, provide and promote economic development, education, governmental operations, and research within the financing jurisdiction of the Port Authority and the State, and the Port Authority is authorized and empowered under this Bond Legislation to sell and issue its revenue obligations to provide financing for the Project; and
WHEREAS, this Legislative Authority has determined that it is necessary and proper and in the best interest of the Port Authority to issue revenue bonds in the maximum aggregate principal amount of $3,000,000 at this time to assist in the financing of costs of port authority facilities by making available the proceeds thereof pursuant to the Bond Purchase Agreement to Double Bowler for the Project Purposes, each as defined in Section 1;
41 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
Section 1. Definitions. In addition to the words and terms elsewhere defined in this Bond Legislation, the following words and terms as used in this Bond Legislation shall have the following meanings unless otherwise provided and unless the context or use indicates another or different meaning or intent:
“Act” means Ohio Constitution, Article VIII, Sections 13 and 16, Chapter 4582 of the Ohio Revised Code, and Section 122.012 of the Ohio Revised Code, all as enacted and amended from time to time.
“Authorized Denominations” means, with respect to the Lease Revenue Bonds, $100,000 and any integral multiples of $1,000 in excess of $100,000, or such other denominations as may be provided in the Certificate of Award.
“Bond Legislation” means this resolution and the Certificate of Award executed pursuant to this resolution.
“Bond Purchase Agreement” means the Bond Purchase Agreement expected to be dated the date of issuance of the Lease Revenue Bonds by and among the Port Authority, Double Bowler, and the Original Purchaser, which Bond Purchase Agreement shall provide for (i) the Original Purchaser to make advances of the proceeds of the Lease Revenue Bonds to the Port Authority, and (ii) the Port Authority to make available the proceeds of the Lease Revenue Bonds to Double Bowler for the purpose of financing the costs of the Project, as the same may be amended or supplemented from time to time in accordance with its terms.
“Bond Service Charges” means, for any period or payable at any time, the principal of and interest and any premium on the Lease Revenue Bonds for that period or payable at that time, whether due at maturity or upon acceleration or redemption.
“Book-Entry Form” or “Book-Entry-Only System” means, with respect to the Lease Revenue Bonds and if the Certificate of Award so provides, a form or system, as applicable, under which (i) the ownership of beneficial interests in Lease Revenue Bonds, including the principal and redemption price thereof, and interest due thereon,
may be transferred only through a book entry and (ii) physical Lease Revenue Bond certificates in fully registered form are registered only in the name of a Depository or its nominee as holder of the Lease Revenue Bonds, with the physical Lease Revenue Bond certificates “immobilized” in the custody of the Depository. The Book-Entry-Only System is maintained by and is the responsibility of the Depository and not the Port Authority or any Paying Agent. The book entry is the record that identifies, and records the transfer of the interest of, the owners of beneficial (book entry) interests in the Lease Revenue Bonds.
“Certificate of Award” means the certificate executed by the Executive pursuant to Section 3 of this Bond Legislation.
42 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
“Collateral Documents” means such security instruments, pledges and assignments as shall be required by the Original Purchaser under the Bond Purchase Agreement and Mortgage or any similar agreement between the Original Purchaser and Double Bowler to secure the Lease Revenue Bonds.
“Construction Manager At-Risk Agreement” means the Construction Manager At-Risk Agreement expected to be dated the date of issuance of the Lease Revenue Bonds between the Port Authority and Double Bowler, as the construction manager at-risk for the acquisition, construction, equipment, installation, and improvement of the Project, as the same may be amended or supplemented from time to time in accordance with its terms.
“Depository” means any securities depository that is a clearing agency under federal law operating and maintaining, with its Participants or otherwise, a book entry system to record ownership of book entry interests in Lease Revenue Bonds or the principal of and interest on the Lease Revenue Bonds, and to effect transfers of Lease Revenue Bonds, in book entry form, and includes and means initially The Depository Trust Company (a limited purpose trust company), New York, New York.
“Double Bowler” means Double Bowler Properties Corp., an Ohio nonprofit corporation.
“Executive” means President of the Authority or the Chair or Vice Chair of the Legislative Authority.
“Fiscal Officer” means the Secretary and Fiscal Officer or an Assistant Secretary and Fiscal Officer of the Authority.
“Holder” or “holder of a Lease Revenue Bond” means the person in whose name a Lease Revenue Bond is registered on the Register maintained initially by the Fiscal Officer as Registrar.
“Interest Payment Date” means, as to the Lease Revenue Bonds, April 1 and October 1 of each year, commencing April 1, 2017, and continuing until the final maturity of the Lease Revenue Bonds, or such dates as are otherwise specified in the Certificate of Award.
“Lease Revenue Bonds” means the Port Authority’s Special Obligation Lease Revenue Bonds Series 2016 (Double Bowler Project) in the maximum aggregate principal amount of $3,000,000 and issued by the Port Authority pursuant to this Bond Legislation.
“Legislative Authority” means the Board of Directors of the Port Authority.
“Mortgage” means the Open-End Mortgage, Assignment of Leases and Rents, and Security Agreement or a similar instrument granting a security interest with respect to Double Bowler’s interest in the real property on which the Project is located, expected to be dated the date of issuance of the Lease Revenue Bonds, given by Double Bowler in favor of the Port Authority, as the same may be amended or supplemented from time to time in accordance with its terms.
43 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
“Original Purchaser” means, as to the Lease Revenue Bonds, the entity or entities designated as the Original Purchaser in the Certificate of Award.
“Participant” means any participant contracting with a Depository under a book entry system and includes securities brokers and dealers, banks and trust companies, and clearing corporations.
“Pledged Revenues” means (a) the Rent Payments assigned and due and payable to the Port Authority pursuant to the Mortgage, and (b) all income and profit from the investment of the foregoing moneys, if any.
“Port Authority” means the Toledo-Lucas County Port Authority, a port authority and body corporate and politic duly organized and validly existing under the laws of the State.
“Project” means the Project, consisting generally of the acquisition, construction, installation, equipping, and improvement of a classroom and research building, constituting “port authority facilities” as defined in the Act.
“Project Fund” means the Project Fund established pursuant to the Bond Purchase Agreement, and as more fully described in the Bond Purchase Agreement.
“Project Purposes” means providing funds for acquiring the interest in real property on which the Project will be located and acquiring, constructing, equipping, installing, and improving the Project to be financed by the Port Authority for the benefit of Double Bowler for economic development, education, governmental operations, and research purposes.
“Rent Payments” means the Rent Payments as defined in the Mortgage.
“State” means the State of Ohio.
“Term Sheet” means the term sheet between the Port Authority, the Wright State University Foundation, and Double Bowler, which describes the general terms of the proposed transaction.
The captions and headings in this Bond Legislation are solely for convenience of reference and do not define, limit or describe the scope or intent of any provisions or Sections of this Bond Legislation.
Section 2. Determinations by Legislative Authority. This Legislative Authority determines that (i) it is necessary and proper and in the best interest of the Port Authority to, and the Port Authority shall, issue, sell and deliver the Lease Revenue Bonds in the maximum aggregate principal amount of $3,000,000 at this time, as provided and authorized in this Bond Legislation and pursuant to the authority of the Act, for the purpose of paying or financing the costs of acquiring the real property on which the Project will be located and the costs of acquiring, constructing, equipping, installing, and improving the Project; (ii) the Project constitutes “port authority facilities” as defined in the Act; (iii) the utilization of the Project is in
44 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
furtherance of the purposes of the Act and will enhance, foster, aid, provide and promote economic development, education, governmental operations, and research and will benefit the people of the State by improving the welfare of the people of the State; and (iv) provision of the Project requires the issuance, sale and delivery of the Lease Revenue Bonds. The Port Authority is authorized to, and this Legislative Authority hereby determines that the Port Authority shall acquire a mortgage interest in real property on which the Project is to be located pursuant to the Mortgage, and that such acquisition is in furtherance of the purposes of the Act.
Section 3. Terms and Provisions of the Lease Revenue Bonds.
(a) Generally. The Lease Revenue Bonds (i) shall be issued only in fully registered form, substantially in the form attached to the Bond Purchase Agreement; (ii) shall be subject to any transfer restrictions contained in the Lease Revenue Bonds and the Bond Purchase Agreement, (iii) shall be exchangeable for Lease Revenue Bonds of Authorized Denominations in the aggregate principal amount equal to the unmatured and unredeemed amount of, and bearing interest at the same rate and maturing on the same date or dates as, the Lease Revenue Bonds being exchanged; (iv) shall be numbered from R-1 upwards; (v) shall be in Authorized Denominations; (vi) shall be subject to optional, mandatory and mandatory sinking fund redemption in the amounts and at the times and prices set forth in the Certificate of Award; and (vii) shall be dated the date designated in the Certificate of Award. The Lease Revenue Bonds shall be designated “Toledo-Lucas County Port Authority Special Obligation Lease Revenue Bonds, Series 2016 (Double Bowler Project)” or as otherwise may be determined in the Certificate of Award and as may be appropriate in order to distinguish the Lease Revenue Bonds from other series of revenue bonds issued by the Port Authority.
(b) Book-Entry System. If so specified in the Certificate of Award, the Lease Revenue Bonds shall initially be issued to a Depository for use in a Book-Entry System and, if and as long as a Book-Entry System is utilized, (i) the Lease Revenue Bonds may be issued in the form of a single, fully registered Lease Revenue Bond representing each maturity and registered in the name of the Depository or its nominee, as registered owner, and immobilized in the custody of the Depository; (ii) the book entry interest owners of Lease Revenue Bonds in Book-Entry Form shall not have any right to receive Lease Revenue Bonds in the form of physical securities or certificates; (iii) ownership of book entry interests in Lease Revenue Bonds in Book-Entry Form shall be shown by book entry on the system maintained and operated by the Depository and its Participants, and transfers of the ownership of book entry interests shall be made only by book entry by the Depository and its Participants; and (iv) the Lease Revenue Bonds as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the Port Authority.
(c) Interest Rates and Principal Maturities. The outstanding principal amount of the Lease Revenue Bonds, including the portion of that principal amount representing one or more advances of funds by the Original Purchaser to pay costs of the Project, shall bear interest at the rates per annum, payable, unless interest is to be accumulated and paid at maturity, on each Interest Payment Date, in accordance with the Certificate of Award and the Bond Purchase Agreement, from the most recent date to which interest has been paid or duly
45 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
provided for or, if no interest has been paid or duly provided for, from the date that such principal amount has been outstanding; provided that no rate of interest therein specified shall exceed the maximum rate of interest allowed by the laws of the State, and all Lease Revenue Bonds shall have been retired not later than December 1, 2035. In the Certificate of Award, the Executive shall fix the principal amount of the Lease Revenue Bonds to be issued, which shall be the principal amount rounded to the next highest whole multiple of $1,000, but not in excess of $3,000,000, that will provide the moneys necessary to pay costs of the Project and costs of issuance of the Lease Revenue Bonds and the moneys required to make the deposits and payments required as capitalized interest, if any, to be made from the Lease Revenue Bond proceeds as set forth in the Certificate of Award.
(d) Certificate of Award. The Certificate of Award shall fix the maturity or maturities and the mandatory and optional redemption provisions of the Lease Revenue Bonds so as to provide to the Port Authority the lowest feasible interest cost but within the amount that is reasonably expected to be realized from payments under the Lease. Other terms of the Lease Revenue Bonds may be specified in the Certificate of Award. All matters determined in the Certificate of Award, as the same may be amended or supplemented, shall be conclusive and binding.
(e) Execution. The Lease Revenue Bonds shall be signed by the Executive and Fiscal Officer in their official capacities, provided that such signatures may be facsimiles.
Section 4. Sale of the Lease Revenue Bonds. The Lease Revenue Bonds shall be awarded and sold to the Original Purchaser designated in the Certificate of Award at a purchase price equal to the principal amount of the Lease Revenue Bonds payable and advanced from time to time by the Original Purchaser in accordance with this Bond Legislation and the Bond Purchase Agreement. It is determined by this Legislative Authority that the price for and the terms of the Lease Revenue Bonds, and the sale of the Lease Revenue Bonds, including the manner for paying the purchase price and advancing the proceeds of the Lease Revenue Bonds, all as provided in this Bond Legislation and the Bond Purchase Agreement, are in the best interests of the Port Authority and are in compliance with all legal requirements.
The Executive and the Fiscal Officer are directed to make the necessary arrangements on behalf of the Port Authority to establish the date, location, procedure and conditions for the delivery of the Lease Revenue Bonds to the Original Purchaser. Those officers are further directed to take all actions necessary to effect due execution, authentication and delivery of the Lease Revenue Bonds under the terms of this Bond Legislation and the Bond Purchase Agreement.
Section 5. Application of Proceeds of the Lease Revenue Bonds. The proceeds of the sale of the Lease Revenue Bonds are hereby appropriated, and shall be allocated and disbursed for the Project Purposes and in accordance with the Bond Purchase Agreement. Without limiting the generality of the foregoing, any fees or other charges payable pursuant to the Bond Purchase Agreement in connection with the issuance and sale of the Lease Revenue Bonds including, without limitation, any fees of counsel to the Port Authority or any fees of the
46 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
Original Purchaser, may be paid, and proceeds of the sale of the Lease Revenue Bonds are hereby appropriated for that purpose.
Section 6. Security for the Lease Revenue Bonds. The Lease Revenue Bonds shall be payable solely from the Pledged Revenues and shall be secured equally and ratably by an assignment of and a lien on (A) the Pledged Revenues, and (B) the Mortgage or such other collateral as may from time to time be assigned in accordance with the Bond Purchase Agreement or any Collateral Documents; provided, however, that any assignment of or lien on any fund, account, receivables, revenues, money or other intangible property shall be limited to the rights of the Port Authority in and to such collateral and shall be valid and enforceable only to the extent permitted by law.
In accordance with the Act and Ohio Revised Code Section 1309.101(D)(14), all Pledged Revenues are immediately subject to the lien of this pledge upon their receipt by the Port Authority, and that pledge creates a perfected security interest for all purposes of Ohio Revised Code Chapter 1309 without necessity for separation or delivery of funds, for the filing or recording of any document, instrument, certificate, or statement, or for any act of appropriation.
Nothing in the Bond Legislation, the Lease Revenue Bonds, the Bond Purchase Agreement, the Mortgage, the Construction Manager At-Risk Agreement, or any Collateral Documents shall constitute a general obligation, debt or bonded indebtedness or a pledge of the faith and credit of the Port Authority, the State or any other political subdivision of the State; the general resources of the Port Authority shall not be required to be used, nor the general credit of the Port Authority pledged, for the performance of any duty under this Bond Legislation, the Lease Revenue Bonds, the Bond Purchase Agreement, the Mortgage, the Construction Manager At-Risk Agreement, or any Collateral Documents; and nothing therein gives the Holders of the Lease Revenue Bonds, and they do not have, the right to have excises or taxes levied by this Legislative Authority, or by the State or the taxing authority of the Port Authority or of any other political subdivision of the State, for the payment of principal of, redemption premium, if any, and interest on the Lease Revenue Bonds, but the Lease Revenue Bonds are payable solely from the Pledged Revenues, and each Lease Revenue Bond shall contain a statement to that effect; provided, however, that nothing in this Bond Legislation shall be deemed to prohibit the Port Authority, of its own volition, from using to the extent it is lawfully authorized to do so, any other resources or revenues for the fulfillment of any of the terms, conditions or obligations of this Bond Legislation or the Lease Revenue Bonds.
Section 7. Obligations of Port Authority. The Port Authority, by issuance of the Lease Revenue Bonds, agrees with the Holders of the Lease Revenue Bonds, that:
(a) Use of Proceeds. The Port Authority shall use, or cause to be used, the proceeds of the Lease Revenue Bonds to (i) pay costs of the Project, (ii) pay costs of issuance of the Lease Revenue Bonds, and (iii) to make the deposits and payments required as capitalized interest, if any, to be made from the Lease Revenue Bond proceeds as set forth in the Certificate of Award.
47 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
(b) Segregation of Funds. The Port Authority will segregate, for accounting purposes, the Pledged Revenues from all other revenues and funds of the Port Authority.
(c) Transcript of Proceedings. The Fiscal Officer, or other appropriate officer of the Port Authority, will furnish or cause to be furnished to the Original Purchaser a true transcript of proceedings of all proceedings had with reference to the issuance of the Lease Revenue Bonds, together with such information from the Port Authority’s records as is necessary to determine the regularity and validity of such issuance.
(d) Further Actions and Delivery of Instruments. The Port Authority will, at any and all times, cause to be done all such further acts and things and cause to be executed and delivered all such further instruments as may be necessary to carry out the purpose of the Lease Revenue Bonds and the Bond Legislation or as may be required by the Act and will comply with all requirements of law applicable to the Lease Revenue Bonds.
(e) Observance and Performance of Agreements and Obligations. The Port Authority will observe and perform all its agreements and obligations provided for by the Lease Revenue Bonds, the Bond Purchase Agreement, the Mortgage, the Construction Manager At- Risk Agreement, any Collateral Documents, and this Bond Legislation. All of the obligations under this Bond Legislation are hereby established as duties specifically enjoined by law and resulting from an office, trust or station upon the Port Authority within the meaning of Section 2731.01, Ohio Revised Code.
Section 8. Bond Purchase Agreement, Mortgage, Construction Manager At-Risk Agreement, and Collateral Documents. To secure the payment of the Bond Service Charges on the Lease Revenue Bonds as the same shall become due and payable and the performance of the Port Authority as provided in this Bond Legislation, the Lease Revenue Bonds, the Bond Purchase Agreement, the Mortgage, the Construction Manager At-Risk Agreement, and any Collateral Documents, and to provide for the sale of the Lease Revenue Bonds, the Executive, the Fiscal Officer, or either of them is hereby authorized and directed, for and in the name of the Port Authority and on its behalf, to execute and deliver the Bond Purchase Agreement, the Mortgage, the Construction Manager At-Risk Agreement, and any Collateral Documents, all with the terms substantially similar to those provided in the Term Sheet, with such modifications as are necessary to conform to this Bond Legislation. The terms of the Term Sheet are hereby approved. The terms of the aforesaid documents are hereby approved with such changes as are not inconsistent with this Bond Legislation and not substantially
adverse to the Port Authority and which are permitted by the Act and shall be approved by the officers executing those documents. The approval of such changes, and that such changes are not substantially adverse to the Port Authority, shall be conclusively evidenced by the execution of those documents by those officials.
Section 9. Other Documents and Consents. The Executive, the Fiscal Officer, or either of them, is authorized and directed to accept and record the Mortgage, and to execute any certifications, financing statements, assignments, agreements, and instruments that are
48 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 4
necessary or appropriate to consummate the transactions and perfect the assignments contemplated in this Bond Legislation, the Bond Purchase Agreement, the Mortgage, the Construction Manager At-Risk Agreement, and any Collateral Documents.
Section 10. Acquisition and Construction. It is hereby determined by this Legislative Authority that the acquisition of the real property on which the Project will be located, and the acquisition, construction, equipping, installation, and improvement of the Project, shall be undertaken by Double Bowler pursuant to the Bond Purchase Agreement, the Mortgage, and the Construction Manager At-Risk Agreement. The Construction Manager At-Risk Agreement shall designate Double Bowler as the construction manager at-risk for the Port Authority and shall authorize Double Bowler to enter into such contracts and agreements with such other contractors or construction managers as Double Bowler may determine are necessary to acquire, construct, equip, install, and improve the Project.
Section 11. Severability. Each section of this Bond Legislation and each subdivision or paragraph of any section of each section of this Bond Legislation is hereby declared to be independent and the finding or holding of any section or any subdivision or paragraph of any section to be invalid or void shall not be deemed or held to affect the validity of any other section, subdivision or paragraph of this Bond Legislation.
Section 13. Compliance with Open Meeting Law. It is found and determined that all formal actions of this Legislative Authority concerning and relating to the adoption of this Bond Legislation were taken in an open meeting of this Legislative Authority, and that all deliberations of this Legislative Authority and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law.
Section 14. Effective Date. This Bond Legislation shall be in full force and effect upon its adoption.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
49 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 5
Consider Amendment to Resolution No. 62-16 Authorizing Issuance of Bonds for Expansion of Spec Building at Overland Industrial Park
On August 31, 2016, the Board adopted Resolution No. 62-16 authorizing the
Port Authority to issue revenue bonds and enter into loan agreements to finance an
additional 200,000 square feet of warehouse/manufacturing building space in the spec
building at Overland Industrial Park.
In connection with the negotiation and development of agreements relating to
that financing, additional information has come to the attention of the Board which
requires an amendment to Resolution No. 62-16. Specifically, the portion of the
financing initially indicated as being financed by “Lucas County, Ohio” in Resolution No.
62-16 will be provided by “Lucas County Builds, LLC,” an Ohio limited liability company
operating on behalf of Lucas County, Ohio.
The Finance Committee recommends adoption of the following resolution
amending Resolution No. 62-16 to accommodate the facts as now understood by the
Port Authority.
50 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 5
RESOLUTION NO. _____
AMENDING RESOLUTION NO. 62-16
WHEREAS, on August 31, 2016, this Board adopted Resolution No. 62-16 authorizing the Toledo-Lucas County Port Authority (the “Port Authority”) to issue revenue bonds and enter into loan agreements to finance certain Port Authority Facilities; and
WHEREAS, in connection with the negotiation and development of agreements relating to the foregoing financing, additional information has come to the attention of this Board, which information requires the Port Authority to amend Resolution No. 62- 16;
NOW, THEREFORE, Be it Resolved by the Board of Directors of the Toledo-Lucas County Port Authority:
Section 1. Amendments to Resolution No 62-16. Resolution 62-16 shall be amended as follows::
1. The reference in the heading to “Lucas County, Ohio” shall be changed to “Lucas County Builds, LLC”.
2. The definition of “Contracting Party” contained in Resolution 62-16 shall be deleted.
3. There shall be inserted in Section 1. Definitions the following.
“Lucas County Builds” means Lucas County Builds, LLC, an Ohio limited liability company.
4. The definition of “Lucas County Loan Agreement” shall be revised as follows:
“Lucas County Agreement” means the loan agreement dated as of the date of the Series 2016B Supplemental Indenture between the Port Authority and Lucas County Builds, providing for a loan of up to $750,000 from Lucas County Builds to the Port Authority.
5. The definition of “Lucas County Mortgage” shall be revised as follows:
“Lucas County Mortgage” means the Open-End Mortgage and Security Agreement dated as of the date of the Lucas County Agreement pursuant to which the Port Authority grants to Lucas County Builds a mortgage on and security interest in the Series 2016B Project to secure the Port Authority’s obligations under the Lucas County Agreement.
51 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 5
Section 2. Compliance with Open Meeting Law. It is found and determined that all formal actions of this Legislative Authority concerning and relating to the passage of this Bond Legislation were taken in an open meeting of this Legislative Authority, and that all deliberations of this Legislative Authority and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law.
Section 13. Effective Date. This Bond Legislation shall be in full force and effect upon its passage.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
52 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 6
Consider Appropriation for Construction Costs Associated with Expansion of Spec Building for Dana at Overland Industrial Park
In June 2014, the Port Authority and Overland Industrial Parkway One, LLC
(“Overland One”) entered into a lease and development agreement to construct a
100,000 SF warehouse/manufacturing spec building at Overland Industrial Park. A
lease has been signed with Dana Limited to lease the existing building and construct an
approximately 200,000 SF expansion of the building to accommodate the manufacturing
and assembly of axles for Chrysler and other auto makers in the region. Dana has
committed at least 300 living wage jobs to be created at the facility and will invest up to
$70 million in equipment and other improvements in the building.
The Port Authority has agreed to purchase the leasehold interest of Overland
Industrial Parkway One, LLC, and will enter into a lease agreement with Dana, which
will require the Port Authority to provide up to $14.5 Million of funds through issuance of
bonds through the Northwest Ohio Bond Fund and loans from JobsOhio and Lucas
County Builds, LLC to fund the building expansion and tenant improvements.
The project has a pre-defined construction timeline as necessary for Dana to
meet its commitments to its customers. Work has begun on site, and shop drawings and
submittals are being prepared and reviewed for long lead time items such as pre-cast
wall panels, pre-engineered structural steel, bar joists, roofing, etc. Additionally, site
excavation and grading work has commenced, and concrete foundations and floor slabs
will need to be poured over the next six weeks. In order to place firm material orders
and authorize on-site work to proceed prior to closing the financing for the project, it is
53 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 6
recommended that the Port Authority appropriate funds necessary to cover those critical
lead time items and those work items necessary to meet the critical construction path.
The Finance Committee recommends adoption of the following resolution
appropriating $4,000,000 from Port Authority Reserves, as necessary to ensure the
timely completion of critical path construction items as outlined herein. All funds
expended out of this appropriation will be reimbursed to Port Authority Reserves upon
closing of the bonds and loans, currently scheduled for October 20, 2016.
54 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 6
RESOLUTION NO. _____
AUTHORIZING APPROPRIATION FOR CONSTRUCTION COSTS ASSOCIATED WITH EXPANSION OF SPEC BUILDING FOR DANA AT OVERLAND INDUSTRIAL PARK
WHEREAS, pursuant to Resolution Nos. 53-13 and 58-13, the Port Authority and Overland Industrial Parkway One, LLC (“Overland One”) entered into a lease and development agreement to construct a 100,000 SF warehouse/manufacturing spec building at Overland Industrial Park; and
WHEREAS, a lease has been signed with Dana Limited (“Dana”) to lease the existing building and construct an approximately 200,000 SF expansion of the building to accommodate the manufacturing and assembly of axles for Chrysler and other auto makers in the region; and
WHEREAS, pursuant to Resolution No. 62-16, the Port Authority has agreed to purchase the leasehold interest of Overland Industrial Parkway One, LLC, and will enter into a lease agreement with Dana, which will require the Port Authority to provide up to $14.5 Million of funds through issuance of bonds through the Northwest Ohio Bond Fund and loans from JobsOhio and Lucas County Builds, LLC to fund the building expansion and tenant improvements; and
WHEREAS, the project has a pre-defined construction timeline as necessary for Dana to meet its commitments to its customers; and
WHEREAS, in order to place firm material orders and authorize on-site work to proceed with construction prior to closing the financing for the project, it is recommended that the Port Authority appropriate funds necessary to cover those critical lead time items and those work items necessary to meet the critical construction path;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That there be and hereby is appropriated from the Port Authority Reserves Fund the sum of $4,000,000 to pay the costs of critical lead time and work items as necessary to meet the critical construction path of an approximately 200,000 SF expansion of the spec building at Overland Industrial Park.
That all funds expended out of this appropriation shall be reimbursed to the Port Authority Reserves Fund upon closing of the bonds and loans therefor.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
55 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 7
Financing Programs Dashboard
56 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 8
BetterBuildings Northwest Ohio Progress Report
57 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (A) 9
Northwest Ohio Bond Fund Trustee Report
58 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (B) 1
Consider Contract for Replacement Passenger Boarding Bridge at Toledo Express Airport (ThyssenKrupp)
The existing passenger boarding bridge at Toledo Express Airport was originally
installed in 1978 and is well beyond its useful life expectancy of 15 years. Replacement
parts are no longer easily accessible. It is prudent to proceed with the installation of a
replacement passenger boarding bridge at Gate 5, including design and construction of
a new bridge and miscellaneous building modifications such as electrical and
communications upgrades. The bid package also included a number of bid options,
including removal of the Gate 6 bridge, pre-conditioned air units, and ground power
units. Sealed bids were received on Tuesday, September 13, 2016, as follows:
Bidder Location Sched. A Sched. B Alt. 1 Alt. 2 Alt. 3
ThyssenKrupp Fort Worth, TX $496,985 Incomplete $71,174 $125,413 $24,704
AmeriBridge Indianapolis, IN $552,344 $689,937 $63,136 $127,248 $12,518
The bid received from ThyssenKrupp in the amount of $568,159, which includes
Base Bid A and Alternate Bid 1, is under the engineer’s estimate of $850,000 and is
recommended to be the lowest responsive and responsible bid received for the project.
Since a large cost of this project is the supply of the bridge, the current minority
participation percentage is 6%. It is anticipated this percentage will increase depending
on the amount of the $150,000 allowance, as outlined below, is used. Standard Port
Authority bidding processes will be used for the allowance portion of this project.
The Transportation and Operations Committee recommends adoption of the
following resolution to authorize the President to enter into agreement with
ThyssenKrupp at a cost not to exceed $568,159 and authorizing payment, including a
59 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (B) 1
$150,000 allowance to be used for contingencies, foundation modifications, site
concrete replacement or any electrical upgrades needed. This entire project cost will be
paid from Airport Reserves. The Project will be reimbursed from the proceeds of
Passenger Facility Charge #6.
60 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (B) 1
RESOLUTION NO. _____
AUTHORIZING CONTRACT FOR REPLACEMENT PASSENGER BOARDING BRIDGE AT TOLEDO EXPRESS AIRPORT (THYSSENKRUPP)
WHEREAS, the existing passenger boarding bridge at Toledo Express Airport was originally installed in 1978 and is well beyond its useful life expectancy of 15 years; and
WHEREAS, it is prudent to proceed with the installation of a replacement passenger boarding bridge at Gate 5, including design and construction of a new bridge and miscellaneous building modifications such as electrical and communications upgrades (the “Project); and
WHEREAS, in accordance with standard Port Authority bidding procedures, bids were received for the Project; and
WHEREAS, ThyssenKrupp submitted a bid in the amount of $568,159, which is recommended to be the lowest responsive and responsible bid received;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the bid submitted by ThyssenKrupp be and hereby is determined to be the lowest responsive and responsible bid received for the installation of a replacement passenger boarding bridge at Gate 5 at Toledo Express Airport, including design and construction of a new bridge and miscellaneous building modifications.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute a contract with ThyssenKrupp for the Project, in an amount not to exceed $568,159, which contract shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments and change orders, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Director of Facilities & Development Services.
That there be and hereby is appropriated from the Airport Reserve Fund the sum of $718,159 to pay the cost of the Project, which amount includes a $150,000 contingency.
That the cost of the Project shall be be reimbursed from the proceeds of Passenger Facility Charge #6.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
61 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (B) 2
Consider Design of Terminal Apron Rehabilitation at Toledo Express Airport (RS&H Ohio, Inc.)
In August 2016, this Board authorized acceptance of a Federal Aviation
Administration grant and the execution of a grant agreement with the FAA in the amount
of $36,000 for the terminal apron rehabilitation design at Toledo Express Airport.
RS&H Ohio, Inc. has submitted a proposal for this project at a cost of $36,000
including investigation of the existing pavement conditions, design engineering, and
compilation of bid documents for replacement of joint sealant, pavement repair, and
pavement marking of the existing pavements, which are exhibiting pavement cracking
and joint deterioration.
The Transportation and Operations Committee recommends adoption of the
following resolution to authorize the President to enter into agreement with RS&H Ohio,
Inc. for the design services of the terminal apron rehabilitation at Toledo Express Airport
and to appropriate the 10% local share in the amount of $3,600 from Airport Reserves.
62 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (B) 2
RESOLUTION NO. _____
AUTHORIZING DESIGN OF TERMINAL APRON REHABILITATION AT TOLEDO EXPRESS AIRPORT (RS&H OHIO, INC.)
WHEREAS, pursuant to Resolution No. 61-16, this Board authorized acceptance of a Federal Aviation Administration (the “FAA”) grant and the execution of a grant agreement with the FAA in the amount of $36,000 for the terminal apron rehabilitation design at Toledo Express Airport (the “Project”); and
WHEREAS, RS&H, Inc. has submitted a proposal for the Project at a cost of $36,000, including investigation of the existing pavement conditions, design engineering, and compilation of bid documents for replacement of joint sealant, pavement repair, and pavement marking of the existing pavements, which are exhibiting pavement cracking and joint deterioration; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with RS&H Ohio, Inc., at a cost not to exceed $36,000 for the terminal apron rehabilitation design at Toledo Express Airport, which agreement shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Director of Facilities & Development Services.
That there be and hereby is appropriated from the Airport Reserve Fund the sum of $3,600 to pay the local share costs of the agreement.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
63 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (B) 3
Toledo Express Airport Statistics
64 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (B) 4
Seaport Statistics
2015-2016 -3,40% 3.78% -28.89% -61.93% -39.56% -7.29% -28.27% Change
65 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (B) 5
Amtrak Statistics through August 2016
70,000
60,000 63,272 58,592 50,000 51,408 40,000 2014 30,000 2015 2016 20,000 10,000 0 Total Ridership
66 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (C) 1
Consider Construction Contract for Wrangler Drive Overland Industrial Park (Crestline Paving & Excavating)
The next phase of development at Overland Industrial Park is the construction of
Wrangler Drive, a new access road to service the truck and vehicular traffic to the
loading dock areas of all the buildings at Overland.
Commitments totaling $1,000,000 have been made from a grant from JobsOhio
and the Ohio Department of Transporation Jobs and Commerce to pay for the new
access road; the remaining $400,000 will be paid from Port Authority Reserves. The full
cost, $1.4 million, will be advanced from Port Authority Reserves as necessary.
Six bids were received for this project, the lowest of which is over the $100,000
threshold established by Resolution No. 43-12, and requires Board approval. Following
is the list of bids received:
Base Alternate 1 Bidder Location Bid Amount Bid Amount Crestline Paving& Exc. Toledo, Ohio $1,284,810.67 $125,756.00 Miller Bros. Const. Archbold, Ohio $1,299,945.00 $158,682.68 Geddis Paving & Exc. Toledo, Ohio $1,395,359.33 $135,685.50 Salenbien Trucking & Exc. Dundee, Michigan $1,407,255.85 $136,826.00 Anderzack-Pitzen Const. Metamora, Ohio $1,492,225.75 $169,199.00 Kokosing Const. Columbus, Ohio $1,634,855.62 $ 96,916.00
The bid received from Crestline Paving & Excavating in the amount of
$1,284,810.67 for the base bid, is under the engineer’s estimate of $1,426,532.07, and
is recommended to be the lowest responsive and responsible bid received for the
project. Crestline Paving & Excavating is a minority contractor; therefore 100% minority
67 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (C) 1
participation will be achieved on this project.
The Transportation and Operations Committee recommends adoption of the
following resolution authorizing the President to enter into a contract with Crestline
Paving & Excavating for the project detailed above in an amount not to exceed
$1,413,291.74, which amount includes up to an additional ten percent (10%)
contingency, and authorizing payment as described above.
68 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (C) 1
RESOLUTION NO. _____
AUTHORIZING CONSTRUCTION CONTRACT FOR WRANGLER DRIVE OVERLAND INDUSTRIAL PARK (CRESTLINE PAVING & EXCAVATING)
WHEREAS, the next phase of development at Overland Industrial Park (“Overland”) is the construction of Wrangler Drive, a new access road to service the truck and vehicular traffic to the loading dock areas of all the buildings at Overland (the “Project”); and
WHEREAS, commitments to assist with the cost of the Project totaling $1,000,000 have been made through grants from JobsOhio and the Ohio Department of Transporation Jobs and Commerce; and
WHEREAS, in accordance with standard Port Authority bidding procedures, bids were received for the Project; and
WHEREAS, Crestline Paving & Excavating (“Crestline”) submitted a bid in the amount of $1,284,810.67, which is recommended to be the lowest responsive and responsible bid received;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the bid submitted by Crestline Paving & Excavating in the amount of $1,284,810.67 be and hereby is determined to be the lowest responsive and responsible bid received for the construction of a new access road to service the truck and vehicular traffic to the loading dock areas of all buildings at Overland Industrial Park.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute a contract with Crestline for the Project, in an amount not to exceed $1,284,810.67, which contract shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments and change orders, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Director of Facilities & Development Services.
That there be and hereby is appropriated from the Port Authority Reserve Fund the sum of $1,413,291.74 to pay the cost of the Project, which amount includes up to a ten percent (10%) contingency.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
69 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (C) 2
Consider Lease with The Maritime Academy of Toledo at One Maritime Plaza
The Maritime Academy of Toledo currently leases 10,463 square feet of
classroom space on the second floor of One Maritime Plaza. The Maritime Academy
has requested 1,230 additional square feet of space on the second floor to house adult
education courses. A separate, stand-alone lease has been negotiated for this
additional space, subject to the approval of this Board.
The term of this new lease would be three (3) years with two (2) option terms of
three (3) years, provided the conditions of the lease are being met. The rental rate for
the initial term would be $16.00 per square foot with Consumer Price Index increases
during each year of the option terms. This lease would be a gross lease with costs
associated with occupancy at One Maritime Plaza to be paid by the Port Authority.
The Planning & Development Committee recommends adoption of the following
resolution authorizing the President to enter into a lease agreement with The Maritime
Academy of Toledo on the terms detailed above.
70 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (C) 2
RESOLUTION NO. _____
AUTHORIZING LEASE WITH THE MARITIME ACADEMY OF TOLEDO AT ONE MARITIME PLAZA
WHEREAS, The Maritime Academy of Toledo (“The Maritime Acadeny”) currently leases 10,463 square feet of classroom space on the second floor of One Maritime Plaza; and
WHEREAS, The Maritime Academy has requested 1,230 additional square feet of space on the second floor to house adult education courses;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with The Maritime Academy of Toledo for the lease of office space on the following terms and conditions:
PREMISES: 1,230 of additional square feet on the second floor at One Maritime Plaza
TERM: Three (3) years
OPTION TERMS: Two (2) option terms of three (3) years each provided the conditions of the lease are being met
RENTAL: $16.00 per square foot subject to Consumer Price Index increases during each of the option terms;
GROSS LEASE: Costs associated with the Maritime Academy’s occupancy at One Maritime Plaza to be paid by the Port Authority.
OTHER: The lease shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
71 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (C) 3
Consider Local Public Agency Federal Local-Let Project Agreement for Improvements at Dr. Martin Luther King, Jr. Plaza
In early 2016, the Port Authority entered into discussions with Congresswoman
Kaptur’s office, the Ohio Rail Development Commission (ORDC), and the Federal
Highway Administration regarding the use of the $938,140 Ohio Hub Earmark for
making improvements to the Dr. Martin Luther King, Jr. Plaza. These funds were
originally intended for a passenger rail study, which did not move forward; all parties
agreed that exterior improvements to the platforms, canopies and lighting would be a
good alternative use of the funds.
To move forward with this federally-funded project, the Port Authority is required
to enter into a Local Public Agency (LPA) Federal Local-Let Project Agreement with the
ORDC. The Agreement stipulates that the Port Authority, as the LPA, must adhere to all
of the normal federal requirements and that the Earmark covers 100% of the cost up to
maximum of $938,140. Eligible costs include design, construction and inspection.
The first phase of this project will be design and engineering. Following the
standard Port Authority quote and selection process, it is recommended that the
President enter into an agreement with the selected design firm in an amount not to
exceed $75,000, which is consistent with the grant documents.
The Planning & Development Committee recommends adoption of the following
resolution authorizing the President to accept federal funding, enter into an LPA Federal
Local-Let Project Agreement with ORDC based on the terms detailed above, and to
enter an agreement with the design firm selected pursuant to the Port Authority’s
established quote and selection process, in an amount not to exceed $75,000.
72 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (C) 3
RESOLUTION NO. _____
LOCAL PUBLIC AGENCY FEDERAL LOCAL-LET PROJECT AGREEMENT FOR IMPROVEMENTS AT DR. MARTIN LUTHER KING JR. PLAZA
WHEREAS, in early 2016, the Port Authority entered into discussions with Congresswoman Kaptur’s office, the Ohio Rail Development Commission (“ORDC”), and the Federal Highway Administration regarding the use of the $938,140 Ohio Hub Earmark for making improvements to the Dr. Martin Luther King, Jr. Plaza (“MLK Plaza”); and
WHEREAS, all parties agreed that exterior improvements to the platforms, canopies and lighting (the “Project”) would be a good alternative use of the funds that were originally intended for a passenger rail study, which did not move forward; and
WHEREAS, to move forward with this federally-funded project, the Port Authority is required to enter into a Local Public Agency (LPA) Federal Local-Let Project Agreement with the ORDC, which stipulates that the Port Authority, as the LPA, must adhere to all of the normal federal requirements and that the Earmark covers 100% of the cost up to maximum of $938,140; and
WHEREAS, the first phase of the Project will be design and engineering; and
WHEREAS, following the standard Port Authority quote and selection process, it is recommended that the President enter into an agreement with the selected design firm in an amount not to exceed $75,000, as is consistent with the grant documents;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to accept federal funding in the amount of $938,140 from the Federal Highway Administration through its Ohio Hub Earmark for making improvements to the Dr. Martin Luther King, Jr. Plaza.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute a Local Public Agency Federal Local-Let Project Agreement with Ohio Rail Development Commission for the exterior improvements at MLK Plaza, in substantially the form now on file with General Counsel.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with design firm selected pursuant to the Port Authority’s established quote and selection process in an amount not to exceed $75,000 provided such agreement is in a form approved by Counsel and approved in substance by the Vice President of Business Development.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development.
73 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (C) 3
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
74 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (C) 4
Consider Lease with American Maritime Officers at One Maritime Plaza
The American Maritime Officers (AMO) currently leases 2,410 square feet of
office space on the third floor of One Maritime Plaza on a month-to-month basis. Due to
staff reductions and budgetary concerns, AMO has requested a reduction in space and
new terms have been negotiated for 1,105 square feet of office space on the third floor
of One Maritime Plaza, subject to the approval of this Board.
The term of this new lease would be three years with two option terms of one
year each provided the conditions of the lease are being met. The rental rate for the
initial term would be $17.25 per square foot subject to Consumer Price Index increases
during each of the option terms. The lease would be a gross lease with costs
associated with occupancy to be paid by the Port Authority. This reduction in leased
premises will result in a four office, 1,135 square foot, vacant suite that would be
available for lease.
The Planning and Development Committee recommends adoption of the
following resolution authorizing the President to enter into a lease agreement with AMO
based on the terms detailed above.
75 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (C) 4
RESOLUTION NO. _____
AUTHORIZING LEASE WITH AMERICAN MARITIME OFFICERS AT ONE MARITIME PLAZA
WHEREAS, American Maritime Officers (AMO) currently leases 2,410 square feet of office space on the third floor of One Maritime Plaza on a month-to-month basis; and
WHEREAS, due to staff reductions and budgetary concerns, AMO has requested a reduction in space and new terms have been negotiated for 1,105 square feet of office space on the third floor of One Maritime Plaza, subject to the approval of this Board;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute an agreement with American Maritime Officers for the lease of office space on the following terms and conditions:
PREMISES: 1,105 square feet on the third floor at One Maritime Plaza
TERM: Three (3) years
OPTION TERMS: Two (2) option terms of one (1) year each provided the conditions of the lease are being met
RENTAL: $17.25 per square foot subject to Consumer Price Index increases during each of the option terms;
GROSS LEASE: Costs associated with the AMO’s occupancy at One Maritime Plaza to be paid by the Port Authority.
OTHER: The lease shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Vice President of Business Development.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
76 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (D) 1
Consider Community Economic Development Initiative Grant for Water for Ishmael
The Port Authority Board of Directors appropriated $350,000 of proceeds from
the property tax levy for the purpose of providing funds to economic development
projects undertaken by eligible, neighborhood-based organizations in Lucas County.
An application has been submitted by Water for Ishmael requesting a $35,000
grant to renovate a facility located at 211 Reynolds Road, Toledo, OH 43615. The
renovations will include an electrical upgrade, restroom upgrade, and security and fire
alarm system. The three story building is vacant and has been since before its purchase
in 2014 at auction by Horizon Investment Group, which has already completed an
estimated $80,000 in renovations.
The “Stranger No More” project will provide a place for refugees, immigrants, and
international students in the greater Toledo area to develop English and skills, and
integrate into the community. The renovated building will be used as an adult education
center, childcare center, non-profit offices, and community space.
This project will help qualify refugees and immigrants to be eligible for
employment. Lucas County Department of Jobs and Family Services has agreed to
work with this program. Water for Ishmael will be adding three (3) to four (4) full-time
positions.
The Government, Community and Human Relations Committee recommends
adoption of the following resolution authorizing a grant agreement with Water for
Ishmael and the expenditure of $35,000 of previously-appropriated funds from the
Property Tax Fund for eligible costs.
77 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (D) 1
RESOLUTION NO. _____
AUTHORIZING COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE GRANT FOR WATER FOR ISHMAEL
WHEREAS, pursuant to Resolution No. 48-15, $350,000 was appropriated from proceeds of the property tax levy for the purpose of providing funds for economic development projects undertaken by eligible, neighborhood-based organizations in Lucas County; and
WHEREAS, a grant in the amount of $35,000 has been requested by Water for Ishmael, to renovate a facility located at 211 Reynolds Road, Toledo, OH 43615, including an electrical upgrade, restroom upgrade, and security and fire alarm system, in support of its “Stranger No More” project, which will provide a place for refugees, immigrants, and international students in the greater Toledo area to develop English and skills, and integrate into the community; the renovated building will be used as an adult education center, childcare center, non-profit offices, and community space;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute a grant agreement in the amount of $35,000 with Water for Ishmael to help renovate a facility located at 211 Reynolds Road, Toledo, OH 43615, which grant agreement shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Financing Programs Manager.
That the grant in the amount of $35,000 shall be paid from the Property Tax Fund as previously appropriated
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
78 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (D) 2
Consider Neighborhood Economic Development Grant for Toledo Botanical Garden (Toledo GROWS Kitchen Project)
The Port Authority Board of Directors appropriated $350,000 of proceeds from
the property tax levy for the purpose of providing funds to economic development
projects undertaken by eligible, neighborhood-based organizations in Lucas County.
An application has been submitted by Toledo Botanical Garden requesting a
grant in the amount of $34,898 to help with construction of a commercial kitchen located
at its Toledo GROWS Kitchen Project location at 900 Oneida Street, Toledo, OH 43608.
The funds will be used to purchase large institutional equipment needed for the kitchen.
Construction has started but cannot continue without funding for the necessary
equipment.
The Toledo GROWS Kitchen Project will continue to help youth adjudicated
through the Lucas County Juvenile Court. They are receiving hands-on experience
throughout the construction process. They will also be provided with job training and
certifications as to the skills they learn with the commercial kitchen to help make them
employable.
Project partners include the Anderson Foundation, the Lucas County Juvenile
Court System, Ohio State Agricultural Extension, United North, The Boys & Girls Club of
America, and the YMCA and JCC of Greater Toledo.
The Government, Community and Human Relations Committee recommends
adoption of the following resolution authorizing a grant agreement with Toledo Botanical
Garden and the expenditure of $34,898 of previously-appropriated funds from the
Property Tax Fund for eligible costs.
79 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (D) 2
RESOLUTION NO. _____
AUTHORIZING COMMUNITY ECONOMIC DEVELOPMENT INITIATIVE GRANT FOR TOLEDO BOTANICAL GARDEN (TOLEDO GROWS KITCHEN PROJECT)
WHEREAS, pursuant to Resolution No. 48-15, $350,000 was appropriated from proceeds of the property tax levy for the purpose of providing funds for economic development projects undertaken by eligible, neighborhood-based organizations in Lucas County; and
WHEREAS, a grant in the amount of $34,898 has been requested by the Toledo Botanical Garden to help with construction of a commercial kitchen located at its Toledo GROWS Kitchen Project located at 900 Oneida Street, Toledo, OH 43608;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Toledo-Lucas County Port Authority:
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute a grant agreement in the amount of $34,898 with Toledo Botanical Garden to help with construction of a commercial kitchen located at its Toledo GROWS Kitchen Project located at 900 Oneida Street, Toledo, OH 43608, which grant agreement shall include such terms and conditions as the President deems necessary or appropriate.
That the President as Secretary and Fiscal Officer be and hereby is authorized to execute any other instruments necessary or appropriate, including amendments, in order to implement the terms of this resolution, provided such instruments are in a form approved by Counsel and approved in substance by the Financing Programs Manager.
That the grant in the amount of $34,898 shall be paid from the Property Tax Fund as previously appropriated.
Approved: ______James M. Tuschman, Chairman Yeas: ______Nays: Paul L. Toth, Jr., Secretary
80 September 22, 2016 Meeting of the Board of Directors Agenda Item VII (D) 3
Diversified Contractors Accelerator Program Update
81 September 22, 2016