19-Management Ag Renewals

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other documents, agreements, instruments or certifications, or to do, or cause to

be done, all such acts and things, in the name and on behalf of the Commission,as the chairman or the executive director may deem necessary or appropriate tocarry out the intent of the foregoing resolution. The execution of any suchdocuments or the taking of any such action by the chairman or the executivedirector shall be conclusive evidence of the exercise of the discretionary authorityconferred herein.

Section 6. Open Meeting. All formal actions of this Commission concerning andrelating to the adoption of this resolution were taken and adopted in an openmeeting of this Commission, and all deliberations of this Commission thatresulted in those formal actions were in meetings open to the public, and incompliance with all legal requirements including Ohio Revised Code Section121.22.

IN WITNESS WHEREOF, the undersigned hereby certifies that the foregoingResolution was duly adopted at a meeting held on May 26, 2005 by the membersof the Ohio Cultural Facilities Commission.

______________________________Mark B. LaPlaceSecretary-Treasurer

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Village of Somerset Management Agreement

(Perry County Courthouse)100 Public SquareSomerset, Ohio 43783

Wayne County Historical Society Management Agreement546 East Bowman StreetWooster, Ohio 44691

West Side Arts Consortium of Cleveland Management Agreement6415 Detroit AvenueCleveland, Ohio 44102

Williams County Historical Society Management AgreementP.O. Box 415

Montpelier, Ohio 43543

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EXHIBIT B

Agreements Renewed by Amendment to Management AgreementOr Letter of Consent for Term Concurrent with Lease

Clark County Heritage Center Management Agreement117 S. Fountain AvenueSpringfield, Ohio 45502

National First Ladies' Library Management Agreement205 Market Avenue SouthCanton, Ohio 44702

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DETERMINING THAT THERE IS A NEED FOR THE PROJECT RELATED TOTHE (NAME OF FACILITY


- Bold) AND THAT THERE IS SUBSTANTIAL REGIONAL SUPPORT FORTHE PROJECT, AUTHORIZING THE APPROVAL OF THE PROJECT ANDEXPENDITURE OF FUNDS, APPROVING THE LOCAL CONSTRUCTIONADMINISTRATOR AND THE EXECUTION OF A BASE LEASE,MANAGEMENT AGREEMENT, AND AN ARTS FACILITY CONSTRUCTION

ADMINISTRATION AND FUNDING AGREEMENT, AND TAKING CERTAINOTHER ACTIONS


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Arts and Sports


Arts and Sports


Arts and Sports


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WHEREAS, pursuant to Section 3383.07(D) of the Act, the General Assembly requiredthat state funds, including the proceeds of state bonds, not be spent on the constructionof any Ohio arts facility until (i) the Commission has determined that there is a need forthe arts project and the Ohio arts facility related to the project in the region of the statefor which the Ohio arts facility is proposed to be located, and (ii) provision has beenmade, by agreement or otherwise, satisfactory to the Commission, as an indication ofsubstantial regional support for that Ohio arts facility, for local contributions amountingto not less than fifty percent of the total State funding for the arts project;

WHEREAS, pursuant to terms of the Trust Indenture authorizing the issue ofobligations, and the policy of the Ohio Building Authority (the Authority), theCommission is required to obtain a sufficient real property interest in the facility;

WHEREAS, pursuant to Section 3383.04 of the Act, the General Assembly authorizedthe Commission to acquire, in the name of the State of Ohio, including but not limited toby lease, any real property or real property interests necessary or appropriate for thedesignated Ohio arts facilities;

WHEREAS, the Authority shall acquire from the Commission an interest in such real

property or real property interests necessary or appropriate for the Authoritys purposes,and the Authority shall lease the designated Ohio arts facilities, including but not limitedto its real property interests, to the Commission in accordance with Section 152.24(D) ofthe Ohio Revised Code;

WHEREAS, the (# of the General Assembly e.g. 124th)Ohio General Assemblyappropriated $(amount of appropriation) in Line Item CAP - (#) of (name of Bill, e.g.Am. Sub.H.B. or S.B.


# of House Bill)to the (exactname ofthe entity as described in the appropriation

bill) for the [Page 1: [23] Deleted OASFC 3/ 3/ 2005 1:36:00 PM


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] of the (exact name of the facility) ("the shortened name of Facility e.g. Center,Museum etc.") (the Project);

WHEREAS, the Authority has issued State of Ohio Arts Facilities Bonds, datedFebruary 15, 2003 (the 2003 Bonds and, together with any other bonds issued for thepurpose of paying the costs of Ohio arts facilities, the State Bonds) to finance theStates portion of the cost of construction of the Project;

WHEREAS, the (legal name of owner of Facility)(the "shortened legal name, e.g.Society, Corporation, Center - use different legal name than shortened namefor

facility"), as owner of the site, wishes to lease the sitePage 1: [24] Deleted OASFC 3/ 3/ 2005 1:36:00 PM

and the buildings thereon to the Commission, in accordance with Section 3383.04 of theAct and the terms of the lease to be entered into between the (shortened legal name)and the Commission;

WHEREAS, pursuant to Section 3383.04(M), the Commission may enter into contractswith arts organizations for the management of Ohio arts facilities;

WHEREAS, the (shortened legal name)wishes to operate the (shortened name oftheFacility) in accordance with the terms of a management agreement to be enteredinto between the (shortened legal name) and the Commission;

WHEREAS, the Commission requested the (shortened legal name) to prepare aneeds assessment statement and related financial plan in the format titled CapitalProject Application (together with all attachments, schedules and additional informationappended thereto, the Capital Project Application) for the purpose of establishing theneed for the Project, pursuant to Section 3383.07(D)(1);

WHEREAS, the Commission has reviewed the Capital Project


Application submitted by the (shortened legal name) to this Commission and certifiedas of (date of certification), and has also heard and considered oral presentationsmade at the Commission meeting held on (date of Commission meeting at whichresolution is to be adopted);

WHEREAS, pursuant to Resolution No. R-00-05 adopted by the Commission on April 4,2000, the Commission adopted a policy to be used in evaluating the appropriateconstruction administrator for various arts projects (the Construction AdministrationPolicy);

WHEREAS, in accordance with the Construction Administration Policy, the (shortened

legal name), an arts organization that is responsible for the arts facility, has requestedthat it be permitted to act as construction administrator for the Project; and


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WHEREAS, in accordance with the Construction Administration Policy, the ExecutiveDirector of this Commission has made a written recommendation to this Commissionidentifying (1) that she recommends that the (shortened legal name)is an appropriateconstruction administrator on the Project and (2) the rationale for such determination;

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Determination of Need. In accordance with Section 3383.07(D)(1) of the Act, theCommission hereby determines that there is a need for the [


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] of the (shortened name of Facility) in the County of ________, Ohio, being theregion of the State for which the project is proposed.

Section 2. Substantial Regional Support. In accordance with Section 3383.07(D)(2),the Commission hereby determines that, as an indication of substantial regional supportfor the Project, provision has been made to its satisfaction that local contributions willamount to not less than fifty percent of the total State funding for the Project.

Section 3. Determination of Construction Administrator. The Commission hereby

accepts the recommendation of the Executive Director and independently determinesthat the (shortened legal name) be permitted to act as construction administrator onthe Project.

Section 4. Approval of Project and Expenditure of Funds. The Commission herebyapproves the Project and expenditure of funds, subject to the following conditions:

(ITEMS # ii


NOT FOR USE WITH GOVERNMENTAL ENTITIES AS THE LOCAL

PROJECT SPONSOR)

the (shortened legal name) provides the Commission with evidence of itsownership interest in the site, free of any mortgages, liens or otherencumbrances unacceptable to the Executive Director of the Commissionin her sole discretion;

the (shortened legal name)provides the Commission with an IRS determinationletter providing evidence satisfactory to the Commission that it is a501(c)(3) corporation in good standing;

the (shortened legal name)provides the Commission with evidence satisfactoryto the Commission that it is in good standing with the Attorney General'soffice, Charitable Law Section;


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the (shortened legal name)provides the Commission with evidence satisfactoryto the Commission that it is in good standing with the Secretary of State'soffice;

the (shortened legal name) provides the Commission with copies of theconstruction bids;

the Project is fully funded, as determined in the sole discretion of the ExecutiveDirector of the Commission;

the (shortened legal name) and the Commission execute a Base Lease, aManagement Agreement, an Arts Facility Construction Administration andFunding Agreement, and any other required documents;

the (shortened legal name) has provided the Commission with a copy of itsresolution or ordinance authorizing its execution of the Base Lease, theManagement Agreement, the Arts Facility Construction Administration andFunding Agreement, and any other required documents;

the Attorney General has reviewed and approved the documents, as appropriate;and

the Controlling Board or the Director of the Office of Budget and Management, asrequired by law, approves and certifies the release and availability offunds.


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Section 5. Execution of Base Lease, Management Agreement, and an ArtsFacility Construction Administration and Funding Agreement. The Chairman or

the Executive Director of this Commission be and hereby is authorized anddirected to execute and deliver, or cause to be executed and delivered a BaseLease


, a Management Agreement and an Arts Facility Construction Administration andFunding Agreement with the (shortened legal name), all in the name and onbehalf of the Commission, as the Chairman or Executive Director


deems necessary or appropriate to carry out the intent of the foregoing resolution. Theexecution of such agreements by the Chairman or the Executive Director shall be

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c/o Saxton McKinley House330 Market Avenue South


Williams County Historical Society Management AgreementP.O. Box 415Montpelier, Ohio 43543

19-Management Ag Renewals

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