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HomeMy WebLinkAboutResolutions - 1986.11.06 - 10940MISCELLANEOUS RESOLUTION NO. 8673 RE: ECONOMIC DEVELOPMENT GROUP RESOLUTION APPROVING PROJECT PLAN (ORCHARD-MAPLE OFFICE BUILDING PROJECT) (FORMERLY, ORCHARD-MAPLE LIMITED PARTNERSHIP PROJECT) - WEST BLOOMFIELD TOWNSHIP BY: PUBLIC SERVICES COMMITTEE, JAMES EDWARD LANNI, CHAIRMAN TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS, The Economic Development Corporation of the County of Oakland (the "EDC") has recommended that this Board of Commissioners approve the Project Plan required by the Economic Development Corporations Act, Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") for the Orchard-Maple Office Building Project, a copy of which Project Plan is attached hereto as Exhibit A (the "Project Plan"); and WHEREAS, the EDC's recommendation to this Board of Commissioners was based upon its determinations that the Project is reasonable and necessary to effectuate the purposes of the Act, that the Project Plan prepared in connection with the Project satisfies all of the requirements of Section 8 of the Act regarding project plans, that the persons who will be active in the management of the project for at least one (1) year after the projected date of the County Board of Commissioner's approval of the Project Plan will have sufficient ability and experience to manage the Plan properly, and that the proposed method of financing the Project is feasible and a bond purchaser's commitment has been obtained; and WHEREAS, on November 17 , 1986, the governing body of West Bloomfield Township, Oakland County, Michigan, also approved the Project Plan; and DMO ward Lann James WHEREAS, on November 6, 1986, this Board of Commissioners held a public hearing to consider whether the Project Plan constitutes a public purpose as contemplated by the Act; and WHEREAS, this Board of Commissioners, following such public hearing and its review of the Project Plan, concurs in the determinations of the EDC with respect thereto; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF OAKLAND, as follows: 1. The Project Plan, in the form attached hereto as Exhibit A, be and is hereby determined to constitute a public purpose as contemplated by the Act. 2. The Project Plan be and is hereby approved. 3. The EDC be and is hereby authorized to take such steps as are necessary to implement the Project and the financing thereof by the issuance of revenue bonds or notes. 4. The County Clerk be and is hereby directed to provide four certified copies of this resolution to the Assistant Secretary of the Board of the EDC. The Public Services Committee, by James Edward Lanni, Chairman, moves for adoption of the foregoing resolution. -',73ROVE THE FOREGOING RESOLUT ION PUBLIC SERVICES COMMITTEE Chairm n Moved by Lanni supported by Mc onal the resolution be adopted. YEAS: Members: Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen, Page, Pernick, Price, Rewold, Rowland, Skarritt, Webb, Aaron, Cadriell, Calanriro, Doyon, Fortino, Gosling. (24) NAYS: Members: None. (0) Hasherger, Perinnff, Wilcox_ (3) ABSTENTIONS: Members: None. ABSENT: Members: 2 RESOLUTION DECLARED ADOPTED: Lynn D. Allen County Clerk STATE OF MICHIGAN) ) SS. COUNTY OF OAKLAND) I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a regular meeting of the Board of Commissioners of the County of Oakland, Michigan hela on the 6th day of November , 1986, the original of which is on file in my office. Public notice of said meeting was given pursuant to and in compliance with Act No. 267 of the Michigan Public Acts of 1976, as amended. Lynn D. Allen County Clerk Dated: November 7 1986 3 THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND ithe -nCorporatioFill MICHAEL AND MARY LOUISE LAT,TREXET,LF ( the "Applicant" PROJECT PLAN* * This Project Plan was prepared pursuant to and in accordance with the Economic Development Corporations Act, P.A. 338 of Michigan Public Acts of 1974, as amended ( "Act" ); it compiles and organizes the requisite information according to the specifications of Section 8 (4) of the Act. PROJECT EDC Project Plan B. SECTION 8 (4) (b) Requires: A DESCRIPTION OF EXISTING IMPROVEMENTS IN THE PROJECT AREA TO BE DEMOLISHED, REPAIRED, OR ALTERED, A DESCRIPTION OF REPAIRS AND ALTERATIONS, AND AN ESTIMATE OF THE TIME REQUIRED FOR COMPLETION. 1. Description of existing improvements In the Project Area: None 2. Description of anticipated repairs and alterations: Not Applicable 3. Estimate of time required for completion of above: Not Applicable -3° 615,000 260,000 2,441,000 (incl. tenant finish) -o- 165,000 -o- C. SECTION 8 (4) (c) Requires: • THE LOCATION, EXTENT, CHARACTER, AND ESTIMATED COST OF THE IMPROVEMENTS INCLUDING REHABILITATION CONTEMPLATED FOR THE PROJECT AREA AND AN ESTIMATE OF THE TIME REQUIRED FOR COMPLETION. 1. Location of repairs, alterations and Improvements: The proposed project is located on the west side of Orchard Lake Road approximately 1/4 mile north of Maple Road in West Bloomfield Twp. 2. Description of extent and character of repairs, alterations, and improvements: See Attachment A 3. Estimate of time required for completion: It is estimated that construction of the project will commence in March of 1987 with completion by November of 1987. Estimated cost of improvements: Land Site improvements Construction of building (s) Machinery and equipment Costs of issuance of bonds Other costs (specify) TOTAL 3,481,000 D. SECTION 8 (4) (d) Requires: A STATEMENT OF THE CONSTRUCTION OR STAGES OF CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF EACH STAGE. The project will be completed in one continuous construction phase commencing in March of 1987 and being completed by November of 1987. E. SECTION 8 (4) (e) Requires: A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO BE LEFT AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE. Approximately 80% of the site will be covered by the proposed building and paved parking area. The balance of the site will be landscaped. F. SECTION 8 (4) (f) Requires: A DESCRIPTION OF ANY PORTIONS OF THE PROJECT AREA WHICH THE CORPORATION DESIRES TO SELL, DONATE, EXCHANGE, OR LEASE TO OR FROM THE MUNICIPALITY AND THE PROPOSED TERMS. The Corporation will enter Into a Loan Agreement with the Applicant pursuant to which the Applicant will construct the Project and will grant a mortgage and security Interest to the Corporation. -6- G. SECTION 8 0 : A DESCRIPTION OF DESIRED ZONING CHANGES AND CHANGES IN STREETS, STREET LEVELS, INTERSECTIONS, AND UTILITIES. 1. A description of desired zoning changes: None. However a variance will be requested with respect to the lease of space to a financial institution. 2. A description of desired changes in streets, street levels, Intersections and utilities: None. H. SECTION 8 (4) (h) Requires: A STATEMENT OF THE PROPOSED METHOD OF FINANCING THE PROJECT, INCLUDING, EXCEPT AS PROVIDED IN SECTION 6a OF THE ACT, A STATEMENT BY A PERSON DESCRIBED IN SECTION J OF THIS PROJECT PLAN INDICATING THE PAYMENT TO ALL PERSONS PERFORMING WORK ON THE CONSTRUCTION PROJECT OF THE PREVAILING WAGE AND FRINGE BENEFIT RATES FOR THE SAME OR SIMILAR WORK IN THE LOCALITY IN WHICH THE WORK IS TO BE PERFORMED, AND A STATEMENT OF THE ABILITY OF THE CORPORATION - TO ARRANGE THE FINANCING. (THE PREVAILING WAGE AND FRINGE BENEFIT RATES SHALL BE DETERMINED PURSUANT TO ACT NO. 166 OF THE PUBLIC ACTS OF 1965, AS AMENDED, BEING SECTIONS 408.551 TO 408.558 OF THE MICHIGAN COMPILED LAWS. A CORPORATION MAY CONCLUSIVELY RELY UPON THE STATEMENT REQUIRED UNDER THIS SUBSECTION AS TO COMPLIANCE WITH THE PAYMENT OF PREVAILING WAGE AND FRINGE BENEFIT RATES AND ANY CONTRACTS, BONDS OR NOTES OF ANY CORPORATION ENTERED INTO OR ISSUED UPON RELIANCE ON ANY SAID STATEMENT SHALL NOT BE SUBSEQUENTLY VOIDED BY REASON OF THE FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION.) 1. Certification relating to prevailing wage and fringe benefit rates. Set f*IlaibdiAxEkattached hereto and Incorporated herein. ATTACHMENT C 2. Statement of the ability of the Corporation to arrange the financing. See PARI:WV(IC attached hereto for financing detail. ATTACHMENT D First of America Bank-Wayne Oakland has agreed to issue its letter of credit to allow bonds in an amount not to exceed $3,300,000 to be marketed to the general public in a public offering. The Ohio Company has agreed to market $3,300,000 of the bonds in a public offering. -8- I. SECTION 8 (4) (i) Requires: A LIST OF PERSONS WHO WILL MANAGE OR BE ASSOCIATED WITH THE MANAGEMENT OF THE PROJECT FOR A PERIOD OF NOT LESS THAN ONE (1) YEAR FROM THE DATE OF APPROVAL OF THE PROJECT PLAN. Michael & Mary Louise Laurencelle c/o Laurencelle & Associates, Inc. 17400 W. Thirteen Mile Road Birmingham, Michigan 48009 J. SECTION 8 (4) (j) Requires: DESIGNATION OF THE PERSON OR PERSONS, NATURAL OR CORPORATE, TO WHOM THE PROJECT IS TO BE LEASED, SOLD, OR CONVEYED AND -FOR WHOSE BENEFIT THE PROJECT IS BEING UNDERTAKEN IF THAT INFORMATION IS AVAILABLE TO THE CORPORATION. The Corporation will loan bond proceeds to the Applicant to finance the construction of the Project and will take a mortgage and security interest In the Project as security. The Project is being undertaken for the benefit of the Applicant. K. SECTION 8 (II) (1) Requires: IF THERE IS NOT AN EXPRESS OR IMPLIED AGREEMENT BETWEEN THE CORPORATION AND PERSONS, NATURAL OR CORPORATE, THAT THE PROJECT WILL BE LEASED, SOLD, OR CONVEYED TO THOSE PERSONS, THE PROCEDURES FOR BIDDING FOR THE LEASING, PURCHASING, OR CONVEYING OF THE PROJECT UPON ITS COMPLETION. Approximately 3,600 sq. ft. of the proposed project will be leased to First of America Bank-Wayne Oakland and the balance of the leasable space (approx. 30,000 sq. ft.) will be leased to as-yet-unidentified office users. -10- M. SECTION 8 (4) (m) Requires: A PLAN FOR ESTABLISHING PRIORITY FOR THE RELOCATION OF PERSONS DISPLACED BY THE PROJECT IN NEW HOUSING IN THE PROJECT AREA. Not Applicable N. SECTION 8 (4) (n) Requires: PROVISION FOR THE COSTS OF RELOCATING PERSONS DISPLACED BY THE PROJECT AND FINANCIAL ASSISTANCE AND REIMBURSEMENT OF EXPENSES, INCLUDING LITIGATION EXPENSES AND EXPENSES INCIDENT TO THE TRANSFER OF TITLE, IN ACCORDANCE WITH THE STANDARD AND PROVISIONS OF THE FEDERAL UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970, 42 U.S.C. 4601 to 4655. Not Applicable -12- 0. SECTION 8 (4) (o) Requires: A PLAN FOR COMPLIANCE WITH ACT NO. 227, OF THE PUBLIC ACTS OF 1972, BEING SECTIONS 213.321 TO 213.332 OF THE MICHIGAN COMPILED LAWS. Not Applicable -13-- PROJECT EDC PROJECT PLAN-LOAN M3.0030 August 17, 1984 P. SECTION 8 (4) (p) Requires: OTHER MATERIAL AS THE CORPORATION, LOCAL PUBLIC AGENCY, OR GOVERNING BODY CONSIDERS PERTINENT. , 1. At the time of the preparation of this Plan and its consideration by the Corporation, the Applicant does not intend to operate nor will it operate the Project in a manner which will have the effect of transferring employment of more than 20 full-time persons from a Michigan municipality to the Charter Twp. of Bloomfieldwithout having first obtained a resolution of consent to the loss of such employment from the governing body of each municipality from which employment is to be transferred. It is anticipated by the Applicant that the Project will: [check appropriate line] a. Retain jobs X b. Create 12 5-150jobs 2. The Applicant has neither entered into binding commitments nor expended funds in connection with the Project to be repaid with the proceeds of bonds to be issued by the Corporation prior to October 21 , 19, being the date of the adoption of the Corporation's Resolution of Inducement. 3. The street address of the Project is 6230 orchard Lake Road , 4. The Project includes a 40, 00f)q uare foot 11/2 story office facility to be used for general office purposes ATTACHMENT B Legal Description Land situated in the Charter Township of West Bloomfield, County of Oakland, State of Michigan more particularly described as follows: The east 403 ft. of the south 353 ft. of the north 1/2 of the southeast 1/4 of Section 27, Town 2 North, Range 9 East, excluding the east 60 ft. taken for Orchard Lake Road, being approximately 2.78 acres and bearing Sidwell No. 18-27-429-022, commonly known as 6230 Orchard Lake Road. ATT7V-HMENT C CERTIFICATE AS TO PAYMENT OF ALL PERSONS PERFORMING WORK ON THE CONSTRUCTION PROJECT OF THE PREVAILING WAGE AND FRINGE BENEFIT RATES The undersigned, being one of the persons who will manage or be associated with the management of the Project for a period of not less than one (1) year from the date of approval of the Project Plan by the Corporation, does hereby represent, warrant and certify on behalf of the Applicant, as follows: 1. All persons performing work on the construction of the Project have been or will be paid at the prevailing wage and fringe benefit rates for the same or similar work In the locality in which said work is being performed. 2. The foregoing representation, warranty and certification is based upon: (Check appropriate line.) X a. Comparison of the wage and fringe benefit rates paid or to be paid for construction work on the Project and most recently published data of the Michigan Department of Labor; b. Inclusion of a provision in the construction contract between the Applicant and the general contractor(s) for the Project requiring said general contractor(s) and all subcontractors, if any, engaged In construction on the Project to pay persons performing work on the construction of the Project at not less than the prevailing wage and fringe benefit rates for the same or similar work on the locality in which such work is being performed as determined pursuant to the provisions of Act 166, Public Acts of Michigan, 1965, as amended. This certificate is given on behalf of the Applicant in full recognition that the Corporation shall rely hereupon in connection with the Corporation's adoption of the Project Plan. , Applicant -16- ATTACHMENT D 1. Issuer: The Economic Development Corporation of • the of Oakland • -County 2. Applicant (for the benefit of whom/which the bonds are issued): Michael and Mary Louise Laurencelle 3. Total principal amount of the bonds to be issued with respect to the Project: Not to exceed $3,300,000 . [Estimated principal amount of each series of bonds (If more than one series expected to be Issued)]: First Series: $ 3,300,000 Second Series: Third Series: .1 4. Interest rate(s): (choose one) a. per annum. b. of the prime rate of , adjusted c. to be established at time of sale of the bonds; estimated to be between 5 % and 9 t. d. (other] 5. Maturity schedule: 6. Purchase price of bonds (expressed as percentage of principal of amount of the bonds): 7. Purchaser(s) or Underwriter: The Ohio Compan B. Method of Sale: (choose one) a. private placement b. public offering -17- 9. Additional security: (describe here any guaranty or letter of credit arrangement) First of America Bank-Wayne Oakland will issue its letter ot Oredit -in order to allow for the issuance of $3,300,000 of bonds. 10. . Additional bonds in an amount not to exceed $ may also be Issued to finance additional costs of the Project (but only with respect to the Project described in this Project Plan) or the costs of improvements to the Project (but only to the extent that such Improvements do not materially alter the scope and character of the facilities that constitute the Project or of which the Project is a part). -18- 86324 Miscellaneous Resolution November 6, 1986 BY: Ralph Nelson, Thomas Law, Alexander Perinoff RE: BOARD OF COMMISSIONERS - RISK MANAGER POSITION. CREATION OF TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr._ Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland is self insured for general liability, errors and omissions and other risk exposures,- as a result of the inability to obtain insurance coverage; and WHEREAS the Board of Commissioners on Miscellaneous Resolution #85339 and Miscellaneous Resolution #86124 recognized the county's additional risk exposure on _behalf of county elected and appointed Officials and employees, etc.; and WHEREAS the Board of Commissioners on Miscellaneous Resolution #85367 directed the County Executive to seek-proposals from outside firms for risk assessment services, loss and reserve requirement Projections, loss prevention and control programs, claims service, legal services and placement of "stop/loss" insurance policies; and WHEREAS on Miscellaneous Resolution. #85369 a -contract was awarded to the firm of Gallagher Bassett Services, Incorporated to provide the described services; and WHEREAS Gallagher Bassett Services, incorporated has provided a three volume report with -various recommendations and procedures for risk management which includes the_provision .of a multi-million dollar claims reserve, a claims payment system, and the need for a - county risk management system and coordination effort; and WHEREAS the Board cf Commissioners has established a claims _payment procedure and Claims Review Commit-tee on Miscellaneous - Resolution #8627-6; and . WHEREAS review of the county's exposure for health and dental benefits for employees, including funding mechanisms and benefit plan modifications, has not as -ye: been Completed, and such study could result in considerable savings for the county; and homas Law, istrict #26 Alexander Perinoff/ Distri #2i WHEREAS a risk manager position is needed to direct and coordinate the county's entire risk management program. NOW THEREFORE BE IT RESOLVED that the position of Risk Manager be created under the Merit System as part of the Board Commissioners' staff. BE IT FURTHER RESOLVED that the Personnel Department, in cooperation with the Personnel Committee, is directed to develop an appropriate job description and salary range for this position. Mr. Chairperson, I move the adoption of the foregoing resolution. Ralph NtYson, Di4trict #6 #86324 November 6, 1986 The Vice Chairperson referred the resolution to the Personnel Committee and the Finance Committee. There were no objections.