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HomeMy WebLinkAboutResolutions - 1985.09.26 - 11245WHEREAS, on September 26 1985, this Board of 3149E MISCELLANEOUS RESOLUTION NO. 85279 RE: ECONOMIC DEVELOPMENT GROUP RESOLUTION APPROVING PROJECT PLAN (JAMESTOWNE PROPERTIES PROJECT) 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 Jamestowne Properties 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 (l) 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 August 26 , 1985, the governing body of the Village of Bingham Farms, Oakland County, Michigan, also approved the Project Plan; and Commissioners held a public hearing to consider whether the HEMYAPPROVET FOREGOING RESOLUTION Daarel I". Murk1.3y, :ouqty E NAYS: Members: ABSENT: Members: ABSTENTIONS: Members: None. (01 istaae None (0) 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: I. 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. PUBLIC SERVICES COMMITTEE YEAS: Members: Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberge Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, (27) (0) - 2 - RESOLUTION DECLARED ADOPTED: len Countly Clerk Allen CouAty 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 held on the 26th day of September , 1985, 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. Dated: September 26 , 1985 3 Exhibit A THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND Oakland County, Michigan - JAMES TOWNE PROPERTIES Project (Li;.,ILTE PROJECT PLAN CONTENTS 1. Summary Description of Project (Page 2) 2. Project Plan Certification by Company (Page 3) 3, Statutorily Required Information (Page 4) 4. Exhibits "A" - Project Area Legal Description "B" - Bond Purchaser's Commitment Letter "C" - Company Certificate Regarding "Prevailing Wages" - Company Certificate Regarding Transfer of Employment Other M-315E 2 PROJECT PLAN SUMMARY DESCRIPTION OF JAMESTOWNE PROPERTIES PROJECT OWNER OF PROJECT: JAMESTOWNE PROPERTIES LIMITED PARTNERSHIP A Michigan Limited Partnership CONTACT PERSON: (Name, address, telephone number) Richard A. Roeser, 29830 Telegraph Rd., Southfield, MI 48034 Phone: (313) 352 -3950 LOCATION OF PROJECT: (Local municipality) Bingham Farms, Michigan PROJECT AREA/DISTRICT AREA: See Exhibit A NATURE OF PROJECT: Commercial Office Building EMPLOYMENT CREATED OR RETAINED: Estimated 125 permanent TOTAL PROJECT COST: $5,800,000.00 BONDS TO BE ISSUED: $4,600,000 BOND PURCHASER: First of America Bank-Oakland/Macomb, N.A. DATE AND EXPIRATION DATE OF BOND PURCHASE COMMITMENT: Dated August 2, 1985 No expiration date PROJECT PLAN CERTIFICATION THIS PROJECT PLAN WAS PREPARED FOR THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND IN ACCORDANCE WITH THE REQUIREMENTS OF THE ECONOMIC DEVELOPMENT CORPORATIONS ACT, ACT NO. 338 OF THE MICHIGAN PUBLIC ACTS OF 1974, AS AMENDED. THE UNDERSIGNED HAS PROVIDED ALL OF THE INFORMATION CONTAINED HEREIN AND HEREBY CERTIFIES AS TO THE ACCURACY AND VALIDITY OF SUCH INFORMATION AS OF THIS DATE. THE UNDERSIGNED UNDERSTANDS THAT THIS PROJECT PLAN IS STATUTORILY REQUIRED AND, IF IT CONTAINS ANY MATERIAL MISREPRESENTATION OR INACCURACY, COULD RESULT IN THE INVALIDATION OF THE ECONOMIC DEVELOPMENT CORPORATION PROCEEDINGS REGARDING THE PROJECT TO WHICH THE PROJECT PLAN PERTAINS. jAMESTOWNE PRIES LIMITED PARTNERSHIP A Michigarl/Limi;eed Partnership Richard A. Roeser Its: Partner Dated: July 1, 1985 By: - 3 - Structures $4,276,480 PROJECT PLAN STATUTORILY REQUIRED INFORMATION REGARDING PROJECT I. THE LOCATION AND EXTENT OF EXISTING STREETS AND OTHER PUBLIC FACILITIES WITHIN THE PROJECT DISTRICT AREA: THE LOCATION, CHARACTER, AND EXTENT OF THE CATEGORIES OF PUBLIC AND PRIVATE LAND USES NOW EXISTING AND PROPOSED FOR THE PROJECT AREA, INCLUDING RESIDENTIAL, RECREATIONAL, COMMERCIAL, INDUSTRIAL, EDUCATIONAL, AND OTHER USES; AND A LEGAL DESCRIPTION OF THE PROJECT AREA: The land is presently vacant. The project contemplates the construction of two buildings consisting of a total of 65,792 square feet to be used for commercial office purpose with no portion devoted to public purpose. Legal description of Project Area attached as Exhibit A. II. 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: Not Applicable III. 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: See I Above and Iv below. Estimates: Site development (Utilities, grading, paving, landscaping) $509,888 - 4 - IV. A DESCRIPTION OF THE CONSTRUCTION OR STAGES OF CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF EACH STAGE: Underground Site Work _ August , 0 > 1985 Foundations . - September, 1985 Shell Construction - February, 1936 T.L.I. - November, 1986 Landscaping - June, 1986 V. A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO BE LEFT AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE: The entire area consists of approximately 194,472 Square Feet of which 73,487 Square Feet will consist of green area. VI. A DESCRIPTION OF PORTIONS OF THE PROJECT AREA WHICH THE ECONOMIC DEVELOPMENT CORPORATION OR THE COMPANY DESIRES TO SELL, DONATE, EXCHANGE OR LEASE TO OR FROM THE MUNICIPALITY AND THE PROPOSED TERMS: Not applicable. VII. A DESCRIPTION OF DESIRED ZONING CHANGES AND CHANGES IN STREET, STREET LEVELS, INTERSECTIONS AND UTILITIES: No zoning changes are required VIII. A DESCRIPTION OF THE PROPOSED METHOD OF FINANCING THE PROJECT, INCLUDING ATTACHMENT OF A COPY OF THE BOND PURCHASER'S COMMITMENT LETTER: Direct purchase of bond by First of America Bank -Oakland/ Macomb, N.A. Copy of bond purchaser's commitment letter attached as Exhibit B. IX. A STATEMENT REGARDING THE PAYMENT OF PREVAILING WAGE AND FRINGE BENEFIT RATES AS DETERMINED PURSUANT TO ACT NO. 166 OF THE MICHIGAN PUBLIC ACTS OF 1965, AS AMENDED (REGARDING WAGES ON STATE CONTRACTS): See Exhibit C. -6-- X. A LIST OF PERSONS WHO WILL MANAGE OR BE ASSOCIATED WITH THE MANAGEMENT OF THE PROJECT FOR A PERIOD OF NOT LESS THAN 1 (ONE) YEAR FROM THE DATE OF APPROVAL OF THE PROJECT PLAN: Richard A. Roeser - Partner James C. Beachum Partner XI. 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, TO THE EXTENT THAT INFORMATION IS PRESENTLY AVAILABLE: 100% of leaseable space of project will be leased to tenants. No firm lease cominittments exist at time of this application. XII. IF THERE IS NOT AN EXPRESS OR IMPLIED AGREEMENT WITH A PERSON OR 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: Leasing achieved on normal commercial basis at fair market rental rates. XIII. ESTIMATES OF THE NUMBER OF PERSONS RESIDING IN THE PROJECT AREA AND THE NUMBER. OF FAMILIES AND INDIVIDUALS TO BE DISPLACED. IF OCCUPIED RESIDENCES ARE DESIGNATED FOR ACQUISITION AND CLEARANCE, INCLUDE A SURVEY OF THE FAMILIES AND INDIVIDUALS TO BE DISPLACED, INCLUDING THEIR INCOME AND RACIAL COMPOSITION, A STATISTICAL DESCRIPTION OF THE HOUSING SUPPLY IN THE COMMUNITY, INCLUDING THE NUMBER OF PRIVATE AND PUBLIC UNITS IN EXISTENCE OR UNDER CONSTRUCTION, THE CONDITION OF THOSE IN EXISTENCE, THE NUMBER OF OWNER-OCCUPIED AND RENTER-OCCUPIED UNITS, THE ANNUAL RATE OF TURNOVER OF THE VARIOUS TYPES OF HOUSING AND THE RANGE OF RENTS AND SALE PRICES, AN ESTIMATE OF THE TOTAL DEMAND FOR - 7 - HOUSING IN THE COMMUNITY, AND THE ESTIMATED CAPACITY OF PRIVATE AND PUBLIC HOUSING AVAILABLE TO DISPLACED FAMILIES AND INDIVIDUALS: Not applicable. No people presently reside in the Project Area, no families or individuals will be displaced by the Project, and no residences are located in the Project Area. XIV. A PLAN FOR ESTABLISHING PRIORITY FOR THE RELOCATION OF PERSONS DISPLACED BY THE PROJECT IN NEW HOUSING IN THE PROJECT AREA: Not applicable. XV. 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 STANDARDS 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. —8-. XVI. A PLAN FOR COMPLIANCE WITH ACT NO. 227 OF THE MICHIGAN PUBLIC ACTS OF 1972, WHICH PERTAINS TO PROVIDING FINANCIAL ASSISTANCE, ADVISORY SERVICES AND REIMBURSEMENT OF CERTAIN EXPENSES TO DISPLACED PERSONS: Not applicable. XVII. OTHER MATERIAL AS THE ECONOMIC DEVELOPMENT CORPORATION, LOCAL PUBLIC AGENCY, OR GOVERNING BODY CONSIDERS PERTINENT: Not applicable. I A ex ,41; Part of Lots 1 and 6 of "Supervisor's Plat No. 20" (Liber 54, Page 49, Oakland County Records) Being a part of the Southeast 34 of Section 5, Town 1 North, Range 10 East, Village of Bingham Farms, Oakland County, Michigan, being more particularly described as follows: Beginning at the Southeast corner of said Lot 1; thence South 89 degrees 36 minutes 53 seconds West 429.52 feet along the South line of Lots 1 and 6; thence North 00 degrees 01 minutes 20 seconds West 592.17 feet along the East line of Telegraph Road as now established; thence South 85 degrees 14 minutes 44 seconds East 79.22 feet; thence South 89 degrees 46 minutes 41 seconds East 148.24 feet; thence South 19 degrees 06 minutes 37 seconds East 613.74 feet along the common boundary of LOt 1 and Lot 5 to the point of beginning. August 2, 1985 FRST°F AMEJC First of America Bank- Oakland Macomb, N.A. P.O. Box 330 Pontac. Wchican 48055 Telephone 213-857-55C0 Mr. Richard Roeser Beachum & Roeser Development Corporation 29830 Telegraph Rd. Southfield, MI 48010 Dear Mr. Roeser: This letter is to serve as confirmation of First of America Bank—Oakland Macomb's interest in pursuing a $4,600,000 Industrial Revenue Bond mortgage loan request. The purpose of the loan is to provide construction and permanent financing for the development of a 65,792 sq ft. office building to be constructed at the northeast corner of Thirteen Mile Road and Telegraph Road, Bingham Farms, MI. I am in receipt of sufficient information which will permit the Bank to more carefully review your request. Our review will concentrate upon the aforementioned dollar amount at an interest rate of 65% of the Bank's prime rate, with a 20 year maturity and a 25 year amortization. Of course, this letter is not to be construed as a commitment letter and the interest rate and terms are subject to First of America Bank—Oakland Macomb required levels of approval. I look forward to working with you on this project. If I can be of additional assistance, please feel free to call me at 857-5547. Sincerely, PhiliP-B. Beaudette Assistant Vice President PBB:pms cc: Robert L. Schwartz, Escui- 2790E Exhibit C COMPANY CERTIFICATE REGARDING PAYMENT CF PREVAILING WAGES (Jamestowne Properties Project) The undersigned, Jamestowne Properties Limited Partnership (the "Company"), hereby certifies to The Economic Development Corporation of the County of Oakland (the "EDC") as follows: 1. This Certificate is made and based upon the best of the Company's knowledge and belief, only after thorough investigation and discussion with all owners of the Company and others who might have knowledge regarding the subject matter. 2. The Company understands that this Certificate is a statutory requirement under the Economic Development Corporations Act. Act No. 338 of the Michigan Public Acts of 1974, as amended (the "Act") which, it improperly made or based upon any material misrepresentation or inaccuracy, might invalidate the proceedings regarding the Jamestowne Properties Project (the "Project") pursuant to which the EDC expects ultimately to issue its limited obligation economic development revenue bonds to finance all or part of the Project. 3. Within the meaning and intent of Section 8(4)(h) of the Act, all persons performing work on the construction of the Project will be paid the prevailing wage and fringe benefit rates for the same or similar work in the locality in which the work is to be performed, as determined pursuant to Act No. 166 of the Michigan Public Acts of 1965. as amended. _ JAMESTCANE,PROPERTIES LIMITED PARTNERSHIP a Michigri Limited Partnership By: N Richard A. Roeser Parther Dated Exhibit COMPANY CERTIFICATE REGARDING TRANSFER OF EMPLOYMENT (Jamestowne Properties Project) The undersigned. Jamestowne Properties Limited Partnership (the "Company"), hereby certifies to The Economic Development Corporation of the County of Oakland (the "EDC") as follows: 1. This Certificate is made and based upon the best of the Company's knowledge and belief, only after thorough investigation and discussion with all owners of the Company and others who might have knowledge regarding the subject matter. 2. The Company acknowledges that this Certificate will be employed by the EDC as the sole basis for the EDC's certification to the Board of Commissioners of the County of Oakland as to transfer of employment as required by Section 8(3) of the Economic Development Corporations Act, Act No. 338 of the 4ichigan Public Acts of 1974, as amended. (the ‘Act"). 3. The Company understands that the EDC's Certification to the Board of Commissioners of the County of Oakland is a statutory requirement which, if improperly made or based upon any material misrepresentation or inaccuracy, might invalidate the proceedings regarding the Jamestowne Properties Project (the *Project") pursuant to which the EDC expects ultimately to issue it$ limited obligation economic development revenue bonds to finance all or part of the Project. 4. As of the date hereof, the Project shall not have the effect of transferring employment of more than 20 full-time persons from a municipality (as that term is defined in the Act) of this state to the Village of Bingham Farms, Michigan, the municipality in which the Project will be located. 5. The Company agrees that during the life of the bonds proposed to be issued by the EDC to finance the costs of the Project for the Company, the Company will not permit a lease or sublease in connection with the Project which would have the effect of transferring, as to such lease, sublease or group of leases or subleases which are interrelated (i.e. "interrelated* means leases negotiated as part of one set of negotiations or leases with lessees who are related by more than 50% common ownership), employment of more than 20 full-time persons from a municipality of this State to the Village of Bingham Farms, !iichigan unless the Company or such lessee or sublessee has first tt A \ Dated: obtained a consent to the proposed transfer of employment from the governing body of each municipality from which employment is to be transferred. 6. The Company understands that a covenant to effectuate the purposes of this Certificate will be included in those covenants to be made by the Company when bonds are issued by the EDC for the benefit of the Project. JAMESTOWNE P.R.O'PZRITES LIMITED PARTNERSHIP A Mich*n Limited Partnership By: Rfc_hard A. Roeser Its: Partner Exhibit A THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND Oakland County, Michigan , JA=OWNE PROPERTIES Project NE KSH I e PROJECT PLAN CONTENTS 1, Summary Description of Project (Page 2) 2. Project Plan Certification by Company (Page 3) 3. Statutorily Required Information (Page 4) 4. Exhibits - Project Area Legal Description Bond Purchaser's Commitment Letter "C" - Company Certificate Regarding "Prevailing Wages" Company Certificate Regarding Transfer of Employment Other PROJECT PLAN SUMMARY DESCRIPTION OF JAMESTOWNE .PROPERTIES_ PROJECT OWNER OF PROJECT: JAMESTOWNE PROPERTIES LIMITED PARTNERSHIP A Michigan Limited Partnership CONTACT PERSON: (Name, address, telephone number) Richard A. Roeser, 29830 Telegraph Rd., Southfield, MT 48034 Phone: (313) 352-3950 LOCATION OF PROJECT: (Local municipality) Bingham Farms, Michigan PROJECT AREA/DISTRICT AREA: See Exhibit A NATURE OF PROJECT: Commercial Office Building EMPLOYMENT CREATED OR RETAINED: Estimated 125 permanent TOTAL PROJECT COST: $5,800,000,00 BONDS TO BE ISSUED: $4,600,000 BOND PURCHASER: First of America Bank -Oak/and/Macomb, N.A. DATE AND EXPIRATION DATE OF BOND PURCHASE COMMITMENT: Dated August 2, 1985 No expiration date - 2 - PROJECT PLAN CERTIFICATION THIS PROJECT PLAN . WAS PREPARED FOR THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND IN ACCORDANCE WITH THE REQUIREMENTS OF THE ECONOMIC DEVELOPMENT CORPORATIONS ACT, ACT NO. 338 OF THE MICHIGAN PUBLIC ACTS OF 1974 AS AMENDED, THE UNDERSIGNED HAS PROVIDED ALL OF THE INFORMATION CONTAINED HEREIN AND HEREBY CERTIFIES AS TO THE ACCURACY AND VALIDITY OF SUCH INFORMATION AS OF THIS DATE, THE UNDERSIGNED UNDERSTANDS THAT THIS PROJECT PLAN IS STATUTORILY REQUIRED AND, IF IT CONTAINS ANY MATERIAL MISREPRESENTATION OR INACCURACY, COULD RESULT IN THE INVALIDATION OF THE ECONOMIC DEVELOPMENT CORPORATION PROCEEDINGS REGARDING THE PROJECT TO WHICH THE PROJECT PLAN PERTAINS. JAMESTOWNE PRCTf-EIES LIMITED PARTNERSHIP A MichigaVLimi76d Partnership By: Rich-ard A. Roeser Its: Partner Dated: July 1, 1985 PROJECT PLAN STATUTORILY REQUIRED INFORMATION REGARDING PROJECT I. THE LOCATION AND EXTENT OF EXISTING STREETS AND OTHER PUBLIC FACILITIES WITHIN THE PROJECT DISTRICT AREA; THE LOCATION, CHARACTER, AND EXTENT OF THE CATEGORIES OF PUBLIC AND PRIVATE LAND USES NOW EXISTING AND PROPOSED FOR THE PROJECT AREA, INCLUDING RESIDENTIAL, RECREATIONAL, COMMERCIAL, INDUSTRIAL, EDUCATIONAL, AND OTHER USES; AND A LEGAL DESCRIPTION OF THE PROJECT AREA: The land is presently vacant. The project contemplates the construction of two buildings consisting of a total of 65,792 square feet to be used for commercial office purpose with no portion devoted to public purpose. Legal description of Project Area attached as Exhibit A. II. 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: Not Applicable III. 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: See I Above and IV below.. Estimates.: Site development (Utilities, grading, paving, landscaping) $509,883 Structures $4,276,430 IV. A DESCRIPTION OF THE CONSTRUCTION OR STAGES OF CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF EACH STAGE: Underground Site Work - August, 1985 Foundations - September, 1985 Shell Construction February, 1986 . - T.L.I.November, 1986 - Landscaping - June, 1986 V. A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO BE LEFT AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE: The entire area consists of approximately 194,472 Square Feet of which 73,487 Square Feet will consist of green area. VI. A DESCRIPTION OF PORTIONS OF THE PROJECT AREA WHICH THE ECONOMIC DEVELOPMENT CORPORATION OR THE COMPANY DESIRES TO SELL, DONATE. EXCHANGE OR LEASE TO OR FROM THE MUNICIPALITY AND THE PROPOSED TERMS: Not applicable. - 5 - VII. A DESCRIPTION OF DESIRED ZONING CHANCES AND CHANCES IN STREET, STREET LEVELS, INTERSECTIONS AND UTILITIES: No zoning changes are required VIII. A DESCRIPTION OF THE PROPOSED METHOD OF FINANCING THE PROJECT, INCLUDING ATTACHMENT OF A COPY OF THE BOND PURCHASER'S COMMITMENT LETTER: Direct purchase of bond by First of America Bank-Oakland/ Macomb, N.A. Copy of bond purchaser's commitment letter attached as Exhibit B. IX, A STATEMENT REGARDING THE PAYMENT OF PREVAILING WAGE AND FRINGE BENEFIT RATES AS DETERMINED PURSUANT TO ACT NO. 166 OF THE MICHIGAN PUBLIC ACTS OF 1965, AS AMENDED (REGARDING WAGES ON STATE CONTRACTS): See Exhibit C. - 6 - X. A LIST OF PERSONS WHO WILL MANAGE OR BE ASSOCIATED WITH THE MANAGEMENT . OF TUE PROJECT FOR A PERIOD OF NOT LESS THAN 1 (ONE) YEAR FROM THE PATE OF APPROVAL OF THE PROJECT PLAN: Richard A. Roeser - Partner James C. Beachum Partnel- XI. 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, TO THE EXTENT THAT INFORMATION IS PRESENTLY AVAILABLE: 100% of leaseable space of project will be leased to tenants. No firm lease committments exist at time of this application, XII. IF THERE IS NOT AN EXPRESS OR IMPLIED AGREEMENT WITH A PERSON OR PERSONS, NATURAL OR CORPORATE, THAT THE PROJECT WILL BE LEASED, SOLD, OR CONVEYED TO THOSE PERSONS, THE PROCEDURES FOR BIDDING FOR THE LEASING, PURCHASING OECCONVEYING OF THE PROJECT UPON ITS COMPLETION: Leasing achieved on normal commercial basis at fair market rental rates. XIII. ESTIMATES OF THE NUMBER OF PERSONS RESIDING IN THE PROJECT AREA AND THE NUMBER OF FAMILIES AND INDIVIDUALS TO BE DISPLACED, IF OCCUPIED RESIDENCES ARE DESIGNATED FOR ACQUISITION AND CLEARANCE, INCLUDE A SURVEY OF THE FAMILIES AND INDIVIDUALS TO BE DISPLACED, INCLUDING THEIR INCOME AND RACIAL COMPOSITION, A STATISTICAL DESCRIPTION OF THE HOUSING SUPPLY IN THE COMMUNITY, INCLUDING THE NUMBER OF PRIVATE AND PUBLIC UNITS IN EXISTENCE OR UNDER CONSTRUCTION, THE CONDITION OF THOSE IN EXISTENCE, THE NUMBER OF OWNER-OCCUPIED AND RENTER-OCCUPIED UNITS, THE ANNUAL RATE OF TURNOVER OF THE VARIOUS TYPES OF HOUSING AND THE RANGE OF RENTS AND SALE PRICES, AN ESTIMATE OF THE TOTAL DEMAND FOR - 7 HOUSING IN THE COMMUNITY, AND THE ESTIMATED CAPACITY OF PRIVATE AND PUBLIC HOUSING AVAILABLE TO DISPLACED FAMILIES AND INDIVIDUALS: Not .applicable. No people presently reside in the Project Area, no families or individuals will be displaced by the Project, and no residences are located in the Project Area. XIV. A PLAN FOR ESTABLISHING PRIORITY FOR TEE RELOCATION OF PERSONS DISPLACED BY THE PROJECT IN NEW HOUSING IN THE PROJECT AREA: Not applicable. XV. 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 STANDARDS 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. XVI. A PLAN FOR COMPLIANCE WITH ACT NO, 227 OF THE MICHIGAN PUBLIC ACTS OF 1972 WHICH PERTAINS TO PROVIDING FINANCIAL ASSISTANCE, ADVISORY SERVICES AND REIMBURSEMENT OF CERTAIN EXPENSES TO DISPLACED PERSONS: Not applicable. XVII. OTHER MATERIAL AS THE ECONOMIC DEVELOPMENT CORPORATION. LOCAL PUBLIC AGENCY. OR GOVERNING BODY CONSIDERS PERTINENT: Not applicable. ex A Part of Lots 1 and 6 of "Supervisor's Plat No. 20" (Liber 54, Page 43, Oakland County Records) Being a part of the Southeast lc of Section 5, Town 1 North, Range 10 East, Village of Bingham Farms, Oakland County, Michigan, being more particularly described as follows: Beginning at the Southeast corner of said Lot 1; thence South 89 degrees 56 minutes 53 seconds West 429.52 feet along the South line of Lots 1 and 6; thence North 00 degrees 01 minutes 20 seconds West 597.17 feet along the East line of Telegraph Road as now established; thence South 85 degrees 14 minutes 44 seconds East 79.72 feet; thence South 89 degrees 46 minutes 41 seconds East 148.24 feet; thence South 19 degrees 06 minutes 37 seconds East 615:74 feet along the common boundary of LOt 1 and Lot 5 to the point of beginning. August 2, 1985 FIRST"' •AMRICA •&/1 13 First of Amefica Bank OaklandMacomb, NA, P.O. Box 330 Pontiac, Mich:gan 48056 Telephone 313-857-5500 Mr. Richard Roeser Beachum & Roeser Development Corporation 29830 Telegraph Rd. Southfield, MI 48010 Dear MT. Roeser: This letter is to serve as confirmation of First of America Bank-Oakland Macomb's interest in pursuing a $4,600,000 Industrial Revenue Bond mortgage loan request. The purpose of the loan is to provide construction and permanent financing for the development of a 65,792 sq. ft. office building to be constructed at the northeast corner of Thirteen Mile Road and Telegraph Road, Bingham Farms, MI. I am in receipt of sufficient information which will permit the Bank to more carefully review your request. Our review will concentrate unon the aforementioned dollar amount at an interest rate of 65% of the Bank's prime rate, with a 20 year maturity and a 25 year amortization. Of course, this letter is not to be construed as a commitment letter and the interest rate and terms are subject to First of America Bank-Oakland Macomb required levels of approval - I look forward to working with you on this project. If I can be of additional assistance, please feel free to call me at 857-5547. Sincerely, Philip-B. Beaudette Assistant Vice President PBB:pms cc Robert L. Schwartz, Esquire 1A_ By: ( Da ted 2790E Exhibit C COMPANY CERTIFICATE REGARDING PAYMENT OF PREVAILING WAGES (Jamestowne Properties Project) The undersigned, Jamestowne Properties Limited Partnership (the "Company"), hereby certifies to The Economic Development Corporation of the County of Oakland (the "EDC") as follows: 1. This Certificate is made and based upon the best of the Company's knowledge and belief, only after thorough investigation and discussion with all owners of the Company and others who might have knowledge regarding the subject matter. 2. The Company understands that this Certificate is a statutory requirement under the Economic Development Corporations Act, Act No. 333 of the Michigan Public Acts of 1974, as amended (the "Act") which, it improperly made or based upon any material misrepresentation or inaccuracy, might invalidate the proceedings regarding the Jamestowne Properties Project (the "Project") pursuant to which the EDC expects ultimately to issue its limited obligation economic development revenue bonds to finance all or part of the Project. 3. Within the meaning and intent of Section 8(4)(h) of the Act, all persons performing work on the construction of the Project will be paid the prevailing wage and fringe benefit rates for the same or similar work in the locality in which the work is to be performed, as determined pursuant to Act No. 156 of the Michigan Public Acts of 1965. as amended. JAMESTONNE_PR-DPERTIES LIMITED PARTNERSHIP a Michiggfi- Limited Partnership Richard A. Roeser Parther Exhibit D COMPANY CERTIFICATE REGARDING TRANSFER CF EMPLOYMENT (Jamestowne Properties Project) The undersigned, Jamestowne Properties Limited Partnership (the "Company"), hereby certifies to The Economic Development Corporation of the County of Oakland (the mEDC 4 ) as follows: 1. This Certificate is made and based upon the best of the Company's knowledge and belief, only after thorough investigation and discussion with all owners of the Company and pthers who might have knowledge regarding the subject matter. 2. The Company acknowledges that this Certificate will be employed by the EDC as the sole basis for the EDC's certification to the Board of Commissioners of the County of Oakland as to transfer of employment as required by Section 8(3) of the Economic Development Corporations Act, Act No 328 of the Hichigan Public Acts of 1974, as amended, (the °Act*). 3. The Company understands that the EDC's Certification to the Board of Commissioners of the County of Oakland is a statutory requirement which, if improperly made or based upon any material misrepresentation or inaccuracy, might invalidate the proceedings regarding the Jamestowne Properties Project (the °Project') pursuant to which the EDC expects ultimately to issue its limited obligation economic development revenue bonds to finance all or part of the Project. 4. As of the date hereof, the Project shall not have the effect of transferring employment of mote than 20 full-time persons from a municipality (as that term is defined in the Act) of this State to the Village of Bingham Farms. Michigan, the municipality in which the Project will be located. 5. The Company agrees that during the life of the bonds proposed to be issued by the EDC to finance the costs of the Project for the Company, the Company will not permit a lease or sublease in connection with the Project which would have the effect of transferring. as to such lease, sublease or group of leases or subleases which are interrelated (i.e. "interrelated" means leases negotiated as part of one set of negotiations or leases with lessees who are related by more than 50e common ownership), employment of more than 20 full-time persons from a municipality of this State to the Village of Bingham Farms, !lichigan unless the Company or such lessee or sublessee has first By: I YT; Dated: obtained a consent to the proposed transfer of employment from the governing body of each municipality from which employment is to be transferred. 6. The Company understands that a covenant to effectuate the purposes of this Cert.ificate will be included in those covenants to be made by the Company when bonds are issued by the EDC for the benefit of the Project. JAMESTOWNE PRO.PPRITES LITTFD PARTNFRUP A Michrigan Limited Partnership Richard A. Roeser Its: Partner