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HomeMy WebLinkAboutResolutions - 1982.09.21 - 13961MISCELLANEOUS RESOLUTION NO. 82284 RE: RESOLUTION APPROVING PROJECT PLAN (LATHRUP LANDING ASSOCI- ATES 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 Amended Project Plan for the Lathrup Landing Associates Project, a copy of which is attached hereto as Exhibit A (the 'Amended Project Plan"); and WHEREAS, On August 23, 1982, the governing body of Lathrup Village, Michigan, approved the Amended Project Plan; and WHEREAS, on September 9, 1 982, this Board of Commis- sioners held a public hearing to consider whether the Amended Project Plan constitutes a public purpose as outlined by Act 338, Michigan Public Acts 1974, as amended (the "Act"). NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF COMMISSIONERS OF OAKLAND COUNTY, as follows: 1. The Amended Project Plan, as described in Exhibit A attached hereto, be and is hereby, determined to constitute a public purpose as outlined by the Act. 2. The Amended 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 Secretary of the Board of the Corporation. The Public Services Committee, by James Edward Lanni, Chairman, moves for adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE II NERMY APPROVr T1 7P"' /I/ /74 THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND (LATHRUP LANDING ASSOCIATES PROJECT) AMENDED PROJECT PLAN APPLICANT: BLS Lathrup Associates, a Michigan limited part- nership CONTACT: Richard M. Lewiston General Partner 21790 Coolidge Highway Oak Park, Michigan 48237 PROJECT: A 14,236 sq. ft. addition to an existing 29 -,000 -sq. ft. shopping center. LOCATION: Northeast corner of the intersection of Evergreen Road and W. 11 Mile Road PROJECT AREA: See Exhibit A PROJECT EMPLOYMENT: Approx. 25 permanent employees. TOTAL COST: $750,000 BONDS: $750,000 COST OF COMPLETION: $750,000 This project plan was prepared in accordance with the Economic Development Corporations Act, P.A. 338 of Michigan Public Acts of 1974, as amended. Attached is the requisite information based on Section 8(4) of the Act. EXHIBIT A (A) 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. There are no existing streets or other public facilities within the project district area. However, the project district area is bounded by Evergreen Road on the west and W. Eleven Mile Road on the south. Eventually, the 1-696 Freeway will bound the project district area on the south. The appliant's project is a 14,236 sq. ft. addition to the existing (approx. 29,000 sq. ft.) Lathrup Landing Shopping Center. The addition will create 7 new stores or business establishments and will provide 125 new parking spaces for the center. At present, all seven tenant spaces have been leased. A legal description of the project area on which the project is situated is attached as Exhibit A and location map of the project is attached as Exhibit B. (B) A DESCRIPTION OF EXISTING IMPROVEMENTS IN THE PROJECT AREA TO BE DEMOLISHED, REPAIRED, OR ALTERED, A DESCRIP- TION OF REPAIRS AND ALTERATIONS, AND AN ESTIMATE OF THE TIME REQUIRED FOR COMPLETION. Not applicable. (C) 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. The project consists of the acquisition of a 14,236 sq. ft. addition to the existing Lathrup Landing Shopping Center located at the northeast corner of Evergreen Road and W. Eleven Mile Road. There will be seven new business establishments in the addition and parking for 125 cars (See Exhibit C). All of the outside construction work on the project has been completed and the tenant finishes have been completed on five of the seven tenant spaces. The total cost of the project (excluding the $300,000 land cost incurred prior to May 20, 1980) is $750,000, as more fully set forth in Exhibit D. (D) A STATEMENT OF THE CONSTRUCTION OR STAGES OF CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF EACH STAGE. -2-- All of the outside construction work for the project has been completed as well as the inside finish work on four of the seven tenant spaces. The balance of the inside work will probably be completed by December 1, 1982. (E) A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO BE LEFT AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE. The majority of the project area will be used for the addition and adjoining parking. Approximately 20% of the project area will be landscaping or "greenspace". (F) A DESCRIPTION OF PORTIONS OF THE PROJECT AREA WHICH THE CORPORATION DESIRES TO SELL, DONATE, EXCHANGE OR LEASE TO OR FROM THE MUNICIPALITY AND THE PROPOSED TERMS. Not applicable. (G) A DESCRIPTION OF DESIRED ZONING CHANGES AND CHANGES IN STREET, STREET LEVELS, INTERSECTIONS AND UTILITIES. Not applicable. (H) A STATEMENT OF THE PROPOSED METHOD OF FINANCING THE PROJECT AND THE ABILITY OF THE CORPORATION TO ARRANGE THE FINANCING. The applicant has obtained a commitment from Joseph Stein- gold to purchase the $750,000 of bonds for this project. The terms of the bond commitments provide for an interest rate of 12%, a term of 15 years and an amortization of 25 years. (I) 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. BLS Lathrup Associates General Partners 21790 Coolidge Highway Oak Park, Michigan 48237 548-4800 Practical Management Company, a Michigan corporation (J) 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 project is being undertaken for the sole benefit of BLS Lathrup Associates, a Michigan limited partnership. BLS Lathrup Associates has already leased space in the addition to Arthur Murray Dance Studios, National Bank of Detroit, Dr. Larry Schechter, Richards Reproductions, One Hour Life Tone Cleaners, Fort Knox Depositary Company and International Business Machines. (K) 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. See Item J above. (L) 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 BY THE CORPORATION, A PROJECT PLAN SHALL 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 DEMANDS FOR HOUSING IN THE COMMUNITY, AND THE ESTIMATED CAPACITY OF PRIVATE AND PUBLIC HOUSING AVAILABLE TO DISPLACED FAMILIES AND INDIVIDUALS. Not applicable. (M) A PLAN FOR ESTABLISHING PRIORITY FOR THE RELOCA- TION OF PERSONS DISPLACED BY THE PROJECT IN NEW HOUSING IN THE PROJECT AREA. Not applicable. (N) PROVISION FOR THE COSTS OF RELOCATING PERSONS DISPLACED BY THE PROJECT AND FINANCIAL ASSISTANCE AND REIMBURSE- MENT OR EXPENSES, INCLUDING LITIGATION EXPENSES AND EXPENSES INCIDENT TO THE TRANSFER OF TITLE, IN ACCORDANCE WITH THE STAN-DARDS 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. (0) A PLAN FOR COMPLIANCE WITH ACT NO, 227 OF THE PUBLIC ACTS OF 1972, BEING SECTIONS 213.321 TO 213.322 OF THE MICHIGAN COMPILED LAWS WHICH PERTAINS TO PROVIDING FINANCIAL a • 5 ASSISTANCE, ADVISORY SERVICES AND REIMBURSEMENT OF CERTAIN EXPENSES TO DISPLACED PERSONS. Not applicable. (P) OTHER MATERIAL AS THE CORPORATION, LOCAL PUBLIC AGENCY, OR GOVERNING BODY CONSIDERS PERTINENT. A CERTIFICATE CONCERNING THE TRANSFER OF EMPLOYMENT IS ATTACHED HERETO AS EXHIBIT E. A CERTIFICATE CONCERNING PAYMENT OF PREVAILING WAGES IS ATTACHED HERETO AS EXHIBIT F. LIST OF EXHIBITS Exhibit A - Legal Description of Project Area Exhibit B - Location Map Exhibit C - Site Plan Exhibit D - Project Costs Exhibit E Certification Regarding Transfer of Employment Exhibit F - Certificate Concerning Payment of Prevailing Wages LEGAL DESCRIPTION EXHIBIT A :Lots . 3.352 to 3371 inclusive and .lots .3540 to 3543'',7 „ inclusive and a part of 3544 including dedicated. " public alley, of Louise Lathrup California bungalow - - subdivision number 6 according to the plat thereof. as recorded in liber 41 of plats -, page 32, Oakland ".. *County 'Records'. i - . . 11 leril p Rnp .ri .. 3 - . 131., t , . •V. I 1 1?-1 • . r-L1 7-C • • p,0 ' a .--- u 7 - . • . . - . . • -• • .• • . . fl .] JUL ilLf11.1 17•14.6 '00k • • 1= -77." EXHIBIT D PROJECT COSTS Acquisition of the 14,236 sq. ft. addition to the existing Lathrup Landing Shopping Center $750,000 EXHIBIT E CERTIFICATION REGARDING TRANSFER OF EMPLOYMENT The undersigned, BLS Lathrup Associates, a Michigan limited partnership (the "Company"), hereby certifies to the Economic Development Corporation of the County of Oakland (the "EDC") as follows: 1. This certification is being made for purposes of permitting the EDC to make a certification to the County of Oakland as to transfer of employment as required by Section 8(4) of Act. No. 338 of the Michigan Public Acts of 1974, as amended, (the "Act") and is being made to the best of the Company's knowledge.and only after thorough investigation and discussion with all partners of the Company and others who might have knowledge of such matters. 2. The Company understands that the EDC's certifi- cation is a statutory requirement which if improperly made might invalidate the proceedings underway on the Lathrup Landing Associates Shopping Center Project (the "Project") whereby the EDC expects ultimately to issue its bonds to finance construction of all or part of the Project. 3. 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 this term is defined in the Act) Michigan, the municipality of this State to Lathrup Village, where the Project will be located. By: The Company understands that during the life of any bonds to be issued in the future by the EDC to finance 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 Lathrup Village, Michigan, unless the Company or such lessee or sublessee has first obtained a consent to the proposed transfer from the governing body of each municipality from which employment is to be transferred. The Company further understands that an appropriately worded covenant to this effect will be included in those cove- nants to be made by the Company when bonds are issued for the Project. BLS LATHROP ASSOCIATES a Michigan limited partnership ' its: General Partner Dated: 4\13 0 -5`c--(1 l9c6",) ••••nn 2 BLS LATHROP ASSOCIATES ts: General Partner Dated I( 1915'D— EXHIBIT F CERTIFICATE CONCERNING PAYMENT OF PREVAILING WAGES The undersigned hereby certifies to the Economic Development Corporation of the County of Oakland in connection with the issuance of its Limited Obligation Economic Development Revenue Bonds in connection with the ::Lathrup Landing Associates Project that all persons performing work on 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 per- formed, as determined pursuant to Act No 166 of the Michigan Public Acts of 1965, as amended. The following Commissioners voted in favor of the attached resolution: McDonald, Moffitt, Montante, Moore, Olsen, Page, Patterson, Perinoff, Peterson, Price, Whitlock, Wilcox, Aaron, Caddell, Cagney, Calandra, DiGiovanni, Dayon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Lanni. (25) The following Commissioners tion: voted against the resolu- None. (0) The following Commissioners were absent: Pernick, Kasper. (2) A sufficient majority having voted the efor, the resolution was adopted. 82234 adopted by the copy of Miscellaneous Resolution September 1982. day of STATE OF MICHIGAN ) ) SS. COUNTY OF OAKLAND ) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed Oakland County Board of Commissioners at their meeting held September 21, 1982 with the original record thereof now remaining in my office, and that it is a true and correct transcript there- from, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 21st LY7D , ALLEN Co nty Clerk MASTER NO 1/a8