Title
Amendment to Schedule A of the Regional Sewage Disposal System Lease
Body
Agenda of: November 18, 2021
Item No.: 2021-378
Amount: N/A
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Suzanne R. Coffey, P.E.
Interim Chief Executive Officer
Great Lakes Water Authority
Randal M. Brown
General Counsel
DATE: October 4, 2021
RE: Amendment to Schedule A of the Regional Sewage Disposal System Lease
MOTION
Upon recommendation and opinion of Suzanne R. Coffey, P.E., Interim Chief Executive Officer, and Randal M. Brown, General Counsel, the Board of Directors (Board) for the Great Lakes Water Authority (GLWA) (1) approves an Amendment to Schedule A of the Regional Sewage Disposal System Lease (the Sewer Lease) and (2) authorization for the Interim Chief Executive Officer to take such other action as may be necessary to accomplish the intent of this vote, including the execution of the Amendment to Schedule A to the Sewer Lease.
JUSTIFICATION
Schedule A, Leased Sewer Facilities, of the Sewer Lease includes 4233 Fourth and 4245 Fourth, Detroit, Michigan 48201, as properties leased by the City of Detroit to GLWA. 4233 Fourth St contains a facility for an in-system dam, ISD-006. 4245 Fourth is vacant land adjacent to the facility.
Pursuant to an agreement between the City of Detroit and a private developer, the developer agreed to build a new playground, surrounding ISD-006. Through subsequent negotiations, the developer agreed to upgrade the security fence around the ISD-006 facility to prevent access.
Since the land was repurposed for a playground, amending Schedule A to (1) delete 4245 Fourth, the vacant land, from Schedule A and (2) to reduce the property considered a Leased Sewer Facility on 4233 Fourth to the property within the security fence is necessary to eliminate GLWA’s responsibility for the playground.
The Sewer Lease allows the DWSD Director and GLWA’s Chief Executive Officer and Chairperson to execute amendments to Schedule A “to confirm to actual use.” Since the actual use has changed, an amendment is warranted.
BUDGET IMPACT
This Amendment to Schedule A nominally reduces the property maintenance costs for GLWA.
COMMITTEE REVIEW
This matter was presented to the Legal Committee at its October 27, 2021 meeting.
SHARED SERVICES IMPACT
This request does not impact the Shared Services Agreement.