19-R-07-01 Management Agreement Renewals (First Draft)

RESOLUTION NO.
R-07- Deleted: 6-35

OHIO CULTURAL FACILITIES COMMISSION
MARCH 15, 2007 Deleted: NOVEMBER 29, 2006
A RESOLUTION AUTHORIZING THE RENEWAL OF CERTAIN Deleted: ADOPTING REVISED

MANAGEMENT AGREEMENTS PERTAINING TO THE OHIO Deleted: CULTURAL FACILITY GUIDELINES
CULTURAL FACILITIES COMMISSION AND TAKING CERTAIN OTHER FOR USE BY
ACTIONS. Deleted: THE
WHEREAS, the Ohio General Assembly (the “General Assembly”) established the Ohio
Cultural Facilities Commission (the “Commission”) under Chapter 3383 of the Ohio
Revised Code (the “Act”) to engage in and provide for the development, performance,
and presentation or making available of culture to the public, including the provision,
operation and management of Ohio cultural facilities, as defined in the Act;
WHEREAS, Section 3383.01 of the Act contains definitions of culture including, but not
limited to, visual, musical, and dramatic arts and the provision of education in the arts,
the presentation of principles of science and its use in business and industry and the
preservation and presentation of features of archeological, architectural, environmental
or historical interest or significance in a state or local historical facility;
WHEREAS, pursuant to Section 3383.01 of the act, a cultural project is defined as all or
any portion of an Ohio cultural facility for which the general assembly has specifically
authorized the spending of money or made an appropriation and the Ohio cultural facility
is used for the presentation of culture to the public;
WHEREAS, pursuant to Section 3383.03 of the Act, the Commission may use and Deleted: WHEREAS, pursuant to Section
provide for the use of cultural facilities and may conduct necessary reviews to ensure 3383.01 of the Act, construction is defined as
the acquisition, demolition, reconstruction,
that uses of Ohio cultural facilities are consistent with statewide interests and the alteration, renovation, remodeling,
Commission’s purposes including the presentation or making available of culture and the improvement, site improvements, and related
equipping and furnishing of a cultural project;¶
provision of training or education in culture; ¶
WHEREAS, pursuant to Section 3383.04(G) of the Act, the General Assembly

authorized the Commission to lease, sublease, cooperate in the use of, or otherwise
make available to a cultural organization, including governmental entities, Ohio cultural
facilities;
WHEREAS, pursuant to Section 3383.04(M) of the Act, the Commission may enter into
contracts with cultural organizations, including governmental entities, for the
management of Ohio cultural facilities; Deleted: and cooperative use
WHEREAS, in furtherance of its statutory authority, the Commission has entered into Formatted: Font: 11 pt
certain management agreements, hereinafter described, each with a 501(c)(3)
organization or governmental entity (the "Manager"), pursuant to which the Manager
must operate and manage an Ohio cultural facility;
WHEREAS, the term of each management agreement expires on June 30, 2005, but Formatted: Font: 11 pt
may be renewed for additional two-year periods;
WHEREAS, such conditions are set forth in the Management Agreement Policy Formatted ... [4]
pertaining to such renewal, adopted by the Commission on April 7, 2004 and the
Formatted: Font: 11 pt
management agreements;
WHEREAS, the Commission has received from each of the managers certain reports, Deleted: ¶
WHEREAS, pursuant to Section 3383.07 of the
including the most recent annual financial report, a report on facility usage, and a Act, the Commission may construct or provide
certification regarding compliance with tax covenants; for the construction of Ohio cultural facilities;¶
¶
WHEREAS, pursuant to Section 3383.07 of the
WHEREAS, subject to compliance with certain conditions, each management agreement Act, the Commission may determine that a... [5]
may be renewed for a term equal to the remaining length of the term of the lease; and Deleted: and
Deleted: ¶ ... [6]
WHEREAS, the Commission and each of the Managers wish to renew their
Deleted: wishes to
management agreements for additional terms.
Deleted: adopted
NOW, THEREFORE, BE IT RESOLVED: Deleted: updated
Deleted: guidelines (the “Cultural Facility ... [7]
Section 1. Renewal of Management Agreements for Two Year Term. The following Deleted: ¶
agreement (the "Management Agreements") listed on Exhibit A, attached hereto and
Deleted: WHEREAS, the 126 General ... [8]
th
made a part hereof, be and hereby are renewed for an additional two-year term to expire
June 30, 2009, provided such renewals are conditioned upon the timely receipt of all Formatted: Superscript
submittals to the Commission, pursuant to any contractual obligation in any agreement Deleted: of the Act to include language by... [9]
between the Commission and each Manager, including without limitation, any lease, Deleted: of the Act to permit the Commission
... [10]
management agreement or construction administration and funding agreement, unless Deleted: and
receipt of such submittals is waived in the sole discretion of the executive director of the
Deleted: ¶
Commission.
Deleted: ¶ ... [11]
Section 2`. Conditions to Renewal for Term of Lease. The Commission hereby finds Formatted: Superscript
and determines that with respect to the following projects listed on Exhibit B, attached Formatted ... [12]
hereto and made a part hereof: Formatted ... [13]
(a) the Local Share as defined in the Management Agreement pertaining to each
Project has been raised or arrangements have been made with respect thereto Formatted: Font: 11 pt
acceptable to the Commission; Deleted: Section 1. Adoption of

Deleted: New
(b) all funding to be provided by the State and committed for the Cultural Project Deleted:
has been appropriated; and
Deleted: Amended
(d) The Cultural Facility has been and continues to be open to the public, as an Deleted: Revised Guidelines. This ... [14]
Ohio cultural facility. Deleted: immediately
Deleted: March 29, 2007, shall supersede
... any
[15]
Section 3. Renewal of Management Agreements for Term of Lease. The Management Formatted ... [16]
Agreements pertaining to the projects identified in Section 2 above be and hereby are
Formatted: Font: (Default) Arial, 8 pt
renewed for a term equal to the remaining length of the term of the relevant lease.
Deleted: S:\COMMISSION PROCEEDINGS &
... [1]
Section 4. Authorization of Execution of an amendment to the Management Deleted: S:\COMMISSION PROCEEDINGS &
... [2]
Agreements. The chairman or the executive director of this Commission or the Formatted: Font: (Default) Arial, 8 pt
executive director be, and hereby is, authorized and directed to execute and deliver, or Deleted: D:\march meeting\R-07- Cultural
... [3]
cause to be executed and delivered, an amendment to the Management Agreement
Deleted: 2/19/2007
pertaining to each project identified above, extending the term of the management
agreement, as appropriate, each in the name and on behalf of the Commission, as the Deleted: 2/5/2007
Deleted: 2/4/20072/3/20071/31/2007
I:\nurfc request pdfs\S Drive Commission Meeting and Info folder\R-07-01 Management Agreement Renewals [first 2
draft].doc3/14/2011
chairman or executive director deems necessary or appropriate to carry out the intent of
the foregoing resolution. The execution of such agreements by the chairman or the
executive director shall be conclusive evidence of the exercise of the discretionary
authority conferred herein. Formatted: Font: 11 pt
Section 5. Authorization of the Execution of Other Documents, Taking Other Actions. Deleted: 2
The chairperson or the executive director of this Commission be and hereby is
authorized and directed to execute and deliver, or cause to be executed and delivered
all such 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
chairperson or the executive director may deem necessary or appropriate to carry out
the intent of the foregoing resolution. The taking of such action or the execution of any
such agreements by the chairperson or the executive director shall be conclusive
evidence of the exercise of the discretionary authority conferred herein.
Section 6. Open Meeting. All formal actions of this Commission concerning and relating Deleted: 3
to the adoption of this resolution were taken and adopted in an open meeting of this
Commission, and all deliberations of this Commission that resulted in those formal
actions were in meetings open to the public, and in compliance with all legal
requirements including Ohio Revised Code Section 121.22.
IN WITNESS WHEREOF, the undersigned hereby certifies that the foregoing Resolution
was duly adopted at a meeting held March 15, 2007 by the members of the Ohio Deleted: November 29, 2006
Cultural Facilities Commission.
______________________________
George R. Oberer, Sr., Secretary-Treasurer
Formatted: Centered

INFO\2007-03-15 Commission
Meeting\Resolutions\R-07-__Manangement AG
Renewals.doc
Meeting\Resolutions\R-07- Cultural Facility
Guidelines.doc
Deleted: D:\march meeting\R-07- Cultural
Facility Guidelines.docS:\Commission Meeting
Prep\Resolutions 2006\R-06-35 Cultural Facility
Guidelines.doc
Deleted: 2/19/2007
Deleted: 2/5/2007
Deleted: 2/4/20072/3/20071/31/2007
draft].doc3/14/2011
Formatted: Font: 16 pt, Bold
EXHIBIT A
Two-Year Management Agreement Renewal Formatted: Font: 11 pt
Akron Art Museum

Beck Center
Big Walnut Area Historical Society (Myers Inn)
Cincinnati Museum Center
City of Dayton, Ohio (Zion)
City of Galion (Galion Big Four Depot)
Cleveland Public Theatre
Jamestown Area Historical Society (Jamestown Opera House)
Johnny Appleseed
National Aviation Hall of Fame (NAHF)
National Underground Railroad Freedom Center (NURFC)
OHS/Buckeye Furnace
OHS/Ft. Recovery
OHS/Glacial Grooves
OHS/Moundbuilders
OHS/Seip Earthworks
OHS/Serpent Mound
OHS/Master Management Agreement for leased facilities
OHS/Master Management Agreement for state owned facilities
Promont House
Schuster (Dayton Performing Arts Center)
Toledo Art Museum
Formatted: Font: 11 pt, Not Bold
Formatted: Centered

Renewals.doc
Guidelines.doc
Guidelines.doc
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Deleted: 2/5/2007
Deleted: 2/4/20072/3/20071/31/2007
draft].doc3/14/2011
Formatted: Font: 16 pt, Bold
EXHIBIT B
Management Agreement Concurrent with the Lease Formatted: Font: 11 pt
Village of Somerset (Perry County Courthouse)

Wayne County Historical Society
Williams County

Renewals.doc
Guidelines.doc
Guidelines.doc
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S:\COMMISSION PROCEEDINGS & INFO\2007-03-15 Commission Meeting\Resolutions\R-07- Cultural Facility
Guidelines.doc D:\march meeting\R-07- Cultural Facility Guidelines.docS:\Commission Meeting Prep\Resolutions 2006\R-06-
35 Cultural Facility Guidelines.doc
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D:\march meeting\R-07- Cultural Facility Guidelines.docS:\Commission Meeting Prep\Resolutions 2006\R-06-35 Cultural
Facility Guidelines.doc
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WHEREAS, pursuant to Section 3383.07 of the Act, the Commission may construct or provide
for the construction of Ohio cultural facilities;
WHEREAS, pursuant to Section 3383.07 of the Act, the Commission may determine that a
cultural organization or a governmental agency that occupies, will occupy or is responsible for a
cultural facility may provide construction administration services, and the provision of such
construction administration services shall be specified in an agreement between the
Commission and the cultural organization or governmental agency;
WHEREAS, pursuant to Section 3383.07 of the Act, the Commission may determine that a
cultural organization or a governmental agency that occupies, will occupy or is responsible for a
cultural facility may provide general building services, and the provision of such general building
services shall be specified in an agreement between the Commission and the cultural
organization or governmental agency;
WHEREAS, Amended Substitute House Bill Number 16, 126th General Assembly, Section
28.02, Limitations On Capital Appropriations, and as restated in each capital bill, limits the
expenditure of appropriations to specific items;
WHEREAS, in accordance with Executive Order 98-03V, Ohio Farmland Protection Policy
signed January 12, 1998 by the Governor of the State of Ohio, the Commission may evaluate
the impact of cultural facilities on Ohio’s farmlands;
WHEREAS, the Office of the Attorney General has recommended that environmental
investigations, such as Phase 1 Environmental Site Assessments (“Phase I ESA”) described by
ASTM 1527E or any similar investigation, be performed prior to obtaining or taking any interest
in real property; however the Office of the Attorney General has recognized that a complete
Phase 1 ESA may not be a necessary prerequisite for certain projects;
WHEREAS, the Office of Budget and Management (“OBM”) has issued a State of Ohio Capital
Improvement Planning for Fiscal Years 2007-2012 Guidance for Non-Institutional Agencies
prepared in August of 2005 in which Appendix E, Allowable Capital Expenditure Guidelines
defines allowable equipment expenditures of appropriations which may be amended from time
WHEREAS, pursuant to the Act and certain provisions of the documents that govern the sale of
bonds and use of cultural and sports facility bond proceeds, the Commission is required to
make certain findings, determinations and approvals, and provide for due diligence in the
administration of its duties with regard to Ohio cultural facilities which are assigned to the
Commission;
WHEREAS, state historical facilities, as defined in Section 3383.01(N) of the Act, are
specifically exempted from certain requirements that apply to all other Ohio cultural facilities;
WHEREAS, pursuant to the Act, the Commission has employed an executive director and other
staff to, among other duties, perform certain reviews, analyses and assessments and make
recommendations regarding such matters to the Commission for Ohio cultural facilities prior to
Commission action;
WHEREAS, the Commission

guidelines (the “Cultural Facility Guidelines”) to generally guide the evaluation and approval of
state-funded capital projects at Ohio cultural facilities, exclusive of state historical facilities in
Resolution R-06-35 on November 29, 2006;
th
WHEREAS, the 126 General Assembly, in Am. Sub. H.B. 699, amended Section 3383.07
of the Act to include language by which the Commission may delegate to its executive director
the authority to determine need and substantial regional support, only in the affirmative, and to
approve the provision of construction administration services and general building services, but
not to disapprove those provisions, for cultural projects receiving a state appropriation of
$50,000 or less; and
of the Act to permit the Commission to delegate its authority to make the determinations,
authorizations, and approvals required by the Act and by other guidelines for cultural projects
receiving an appropriation of fifty thousand dollars ($50,000) or less to the Commission’s
Executive Director;
WHEREAS, Am. Sub. H.B. 699 of the 126th General Assembly becomes effective March 29,
2007; and
WHEREAS, the Commission wishes to revise the Cultural Facility Guidelines to address the
evaluation and approval of cultural projects receiving a state appropriation of fifty thousand
dollars ($50,000) or less.

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Revised Guidelines. This Commission hereby adopts the revised Cultural Facility Guidelines,
attached hereto as Exhibit A and made a part hereof. These guidelines shall take effect
March 29, 2007, shall supersede any prior guidelines for cultural facilities, and shall remain in
effect unless amended or terminated by a formal action of this Commission.
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19-R-07-01 Management Agreement Renewals (First Draft)

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RESOLUTION NO.

R-07- Deleted: 6-35

A RESOLUTION AUTHORIZING THE RENEWAL OF CERTAIN Deleted: ADOPTING REVISED

WHEREAS, pursuant to Section 3383.04(G) of the Act, the General Assembly

acceptable to the Commission; Deleted: Section 1. Adoption of

Formatted: Font: (Default) Arial, 8 pt

Akron Art Museum

Formatted: Font: (Default) Arial, 8 pt

Village of Somerset (Perry County Courthouse)

Formatted: Font: (Default) Arial, 8 pt

Page 1: [2] Deleted Jayne Williams 2/5/2007 11:41:00 AM

WHEREAS, the Commission

Page 2: [12] Formatted Jayne Williams 2/5/2007 3:24:00 PM

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