RESOLUTION NO. R-11-06 OHIO CULTURAL FACILITIES COMMISSION FEBRUARY 8, 2011 A RESOLUTION CONFIRMING THAT THERE IS A NEED FOR THE PROJECT RELATED TO THE NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER,CONFIRMING THAT THERE IS SUBSTANTIAL REGIONAL SUPPORT FOR THE PROJECT, CONFIRMING THE CONSTRUCTION ADMINISTRATOR, CONFIRMING PROVISION OF GENERAL BUILDING SERVICES, APPROVING THE PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS, AUTHORIZING THE RETURN OF ESCROW FUNDS, AUTHORIZING THE EXECUTION OF A CAPITAL EXPENDITURE REIMBURSEMENT AGREEMENT AND CERTAIN OTHER DOCUMENTS AND THE TAKING OF CERTAIN OTHER ACTIONS. 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, pursuant to Section 3383.07(D) of the Act, the General Ass embly required that state funds, including the proceeds of state bonds, not be spent o n the construction of any Ohio cultural facility until (i) the Commission has determined that there is a need for the cultural project and the Ohio cultural facility related to the project in the region of the state for which the Ohio cultural facility is proposed to be located, and (ii) provision has been made, by agreement or otherwise, satisfactory to the Commission, as an indication of substantial regional support for that Ohio cultural facility, for local contributions amounting to not less than fifty (50) percent of the total state funding for the cultural project and the Commission has established guidelines for such evaluation and determinations; WHEREAS, the General Assembly previously appropriated for the National Underground Railroad Freedom Center an aggregate amount of $14,650,000 and the Commission previously approved the project, executed the appropriate legal agreements and paid that amount; WHEREAS, prior project approvals authorized expenditure of appropriated funds on exhibits, furniture, fixtures and equipment located in the National Underground Railroad Freedom Center(the “Facility”); WHEREAS, the 127th General Assembly in Am. Sub. H.B. 562 appropriated bond funds in the amount of $850,000 in ALI C371H2 for National Underground Railroad Freedom Center, owned and operated by National Underground Railroad Freedom Center (the “Project Sponsor”). The Project Sponsor proposes to ut ilize the appropriation for exhibits, furniture, fixtures, equipment and construction “hard cost” expenses previously incurred during the Facility construction (the “Project”); at the National Underground Railroad Freedom Center(the “Facility”); WHEREAS, the Project Sponsor came before the Commission on February 11, 2010 and received approval for a Memorandum of Understanding (MOU) spelling out the conditions under which full approval could be granted to the Freedom Center for the most recent appropriation of $850,000; Formatted: Underline, Highlight Formatted: Underline Deleted: ¶ Formatted: Underline, Highlight Deleted: Formatted: Underline, Highlight Formatted: Highlight Formatted: Strikethrough, Highlight Formatted: Strikethrough Deleted: .
