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HomeMy WebLinkAboutResolutions - 1981.06.04 - 1483981208 MISCELLANEOUS RESOLUTION NO. June 14, 1931 TITHE FO B2/b17. RE: RESOLUTION APPROVING PROJECT PLAN LEHMAN INVESTMENT CO. SUPERMARKET 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 for the Lehman Investment Co. Supermarket Project, a copy of which is attached hereto as Exhibit A (the "Project Plan"); and WHEREAS, on May 13, 1981, the governing body of Oxford Township, Michigan, approved the Project Plan; and WHEREAS, on May 21, 1981, this Board of Commissioners held a public hearing to consider whether the Project Plan consti- tutes 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 COMMIS- SIONERS OF OAKLAND COUNTY, as follows: 1. The 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 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 COMMIT of June f-• The following Commissioners voted in favor of the attached resolution: Patterson, Peterson, Price, Whitlock, Wilcox, Aaron, Cagney, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Lanni, Moffitt, Montante, Moore, Page. (19) . The following Commissioners voted against the resolu- tion: DiGiovanni, Murphy. (2) The following Commissioners were absent: Caddell, Kasper, McDonald, Olsen, Perinoff, Pernick. (6) STATE OF MICHIGAN ) SS. COUNTY OF OAKLAND . I hereby certify that the foregoing is a true and complete copy of the minutes of a regular meeting of the Board of Commissioners of Oakland County, Michigan held on the 4th day , 1981, and that the said minutes are on file in the office of the County Clerk and are available to the public. Public notice of said meeting was given pursuant to and in com- pliance with Act No. 267, Public Acts of Michigan, 1976. LynOVD. Allen County Clerk Dated: June 4th , 1981 to B2/b18 THE ECONOMIC DEVELOPMENT CORPORATION OF THE COUNTY OF OAKLAND PROJECT PLAN (Lehman Investment Company Supermarket Project) APPLICANT: CONTACT: PROJECT: Lehman Investment Company, a Michigan limited partnership Edwin L. Adler 39 South Main Street Clarkston, Michigan 48016 (313) 625-0440 Construction of a 9,500 sq. ft. addition to an existing 18,900 sq. ft. Food Town super- market. LOCATION: Oxford Township, Oakland County, Michigan. PROJECT AREA: See Exhibit "A" annexed here- to. PROJECT EMPLOYMENT: TOTAL COST: BONDS: COST OF COMPLETION: It is anticipated that the project will help preserve 30 existing jobs and upon comple- tion of construction it is anticipated that 15 new employ- ees will be employed at the facility. $500,000 Not to exceed $500,000 Should the cost of the project exceed present estimates, Lehman Investment Company will pay any further costs of completion. This project plan was prepared in accordance with the Eco- nomic 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. B/2-04-81 2 (A) THE LOCATION AND EXTENT OF EXISTING STREETS AND OTHER PUBLIC FACILITIES WITHIN THE DEVELOPMENT AREA AND SHALL DESIGNATE THE LOCATION, CHARACTER, AND EXTENT OF THE CATEGORIES OF PUBLIC AND PRIVATE LAND USES THEN EXISTING AND PROPOSED FOR THE PROJECT AREA, INCLUDING RESIDENTIAL, RECREATIONAL, COMMERCIAL, INDUSTRIAL, EDUCATIONAL, AND OTHER USES AND SHALL INCLUDE A LEGAL DESCRIPTION OF THE PROJECT AREA. The applicant, Lehman Investment Company, intends to .construct a 9,500 sq. ft. addition to the existing 18,900 sq. ft. Food Town supermarket located at M-24 and Drahner Road in Ox- ford Township. In addition, it is anticipated that some renova- tions will be made to the existing market and that approximately $100,000 of new equipment will be purchased for use in both the new and existing portions of the supermarket. The operation of the market will be performed by Adler's Food Town, Inc. a Michigan corporation and related company of Lehman Investment Company. Adler's Food Town, Inc. operates five (5) supermarkets in the Oakland County area with an average of 30,000 sq. ft. per store. The project area is currently zoned "C-3" - an appro- priate zoning for the intended use. There are no existing streets or other public facilities within the project area. However, the project is bounded by M-24 on the west and Drahner Road on the south. The legal description of the project area is described in Exhibit A annexed hereto. (B) 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. There is an existing 18,900 sq. ft. supermarket within the project area. This exiting store will undergo .a general remodeling and refurbishing including the installation of a sprinkler system and re-tiling of the floor. It is anticipated tha.. all of the renovation work will be completed within 4 months from the commencement of the work. (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 estimated cost for the construction of the addition, the renovation of the existing supermarket, the purchases of equipment and issuance costs is approximately $500,000 allocated as follows: B2/04-81 Construction and renovations of buildings Equipment Construction interest Issuance costs $350,000 100,000 25,000 25,000 $500,000 It is anticipated that all of the proposed construction and renovation work will be completed within 4 months from the date of commencement of site preparation. (D) A STATEMENT OF THE CONSTRUCTION OR STAGES OF CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF EACH STAGE. Construction will be completed in one stage within 4 months from the date of site preparation. . (E) A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO BE LEFT AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE. There will not be any "open space" in the project area. All of the property in the project area will be used for the supermarket, parking lbt and setbacks. (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. None. (G) A DESCRIPTION OF DESIRED ZONING CHANGES AND CHANGES IN STREET, STREET LEVELS, INTERSECTIONS AND UTILITIES. The project will not require any zoning changes or changes in streets, street levels, intersections or utilities. (H) A STATEMENT OF THE PROPOSED METHOD OF FINANCING THE PROJECT AND THE ABILITY OF THE CORPORATION TO ARRANGE THE FINAN- CING. Pontiac State Bank has agreed to purchase $500,000 of revenue bonds to be issued by the Economic Development Corpora- tion of the County of Oakland in connection with this Project pursuant to the commitment letter dated March 31, 1981, as amended by letter dated April 14, 1981, a copy of which is annexed hereto as Exhibit B. B2/04-81 4 (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. Edwin L. Adler Vice President Adler's Food Town, Inc. 39 S. Main Street Clarkston, Michigan 46016 (313) 625-0440 (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. Lehman Investment Company will lease the project to Adler's Food Town, Inc., the company which will operate the super- market. (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 CONVEY - ING OF THE PROJECT UPON ITS COMPLETION. Does not apply. (L) ESTIMATES OF THE NT.EEER OF PERSONS RESIDING IN THE PROJECT AREA AND THE NUYEER OF FAMILIES AND INDIYIDUALS TO BE DISPLACED. IF OCCUPIED RESIDEN.7ES 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 SUPPLY IN THE COMMUNITY, INCLUDING THE NUMBER OF PRIVATE AND PUBLIC UNITS IN EXISTENCE OP UNDER CONSTRUCTION, THE CONDITION OF THOSE IN EXISTENCE, THE N!FIE. OF OWNER-OCCUPIED AND RENTER-OCCU-- PIED UNITS, THE ANNUAL RATE OF TURNOVER OF THE VARIOUS TYPES OF HOUSING AND THE RANGE OF PoEiTS AND SALF PRICES, AND ESTIMATE OF THE TOTAL DEMANDS FOR HOUSING IN THE CO!!MUNITY, AND THE ESTIMATED CAPACITY OF PRIVATE AND PUBLIC HOUSING AVAILABLE -TO. DISPLACED FAMILIES AND INDIVIDUALS. There are no persons residing in the Project Area, no families or individuals will be displaced and no occupied resi- dences are designated for acquisition and clearance. B2/04-81 5 .11=111. (M) A PLAN FOR ESTABLISHING PRIORITY FOR THE RELOCATION OF PERSONS DISPLACED BY THE PROJECT IN NEW HOUSING IN THE PROJECT AREA. Does not apply. (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. Does not apply. (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 TWS. Does not apply. (P) OTHER MATERIAL 25,..S THE CORPORATION, LOCAL PUBLIC AGENCY, OR GOVERNING BODY CONSIDERS PERTINENT. The Project will not have the effect of transferring employment of more than 20 full-time persons from a municipality of this state to Oxford Township, Michigan, the municipality where the Project will be located. B2/04-81 EXHIBIT A Lots 1 and 2 of Berns and Olive's Oxford Acres, being a subdivision of a part of the S.W. 1/4 of Section 26, T.5N, R.10E., Oxford Township, Oakland County, Michigan, according to a plat thereof as recorded in Liber 19, Page 2 Oakland County Records. „ . . . ...,.... . .. AMOUNT: RATE: Real Estate - 20 years with successive 5 year call provisions at the sole discretion of Pontiac State Bank beginning 5 years from purchase of bonds. Equipment - 7 years. . TERM: • NON-REFUNDABLE 1% of face amount of the Bonds at the COMMITMENT time of acceptance of Pontiac State FEE: tank's commitment to purchase the bonds. .......... . , .......... ............ .. .... . ..... - - - _ . ...... . ....... Exhibit B PONTIAC STATE: aANK PONTIAC, MICHIGAN • V1LLIAM J. FLURY March 31, 1981 L6hman Investment Company A Michigan Limited Partnership 39 S. Main St. Clarkston, MI 48016 Re: Oakland County EDC Bond Purchase Attention: Margaret L. Roth and Edwin L. Adler Listed below are the general terms and conditions by which Pontiac . State Bank (hereinafter called "Bank") will commit to purchase the EDC Bonds to be issued by The County of Oakland for the Lehman Investment Company project. VICE PRES IDENT Real Estate - $400,000 subject to a minimum Pontiac State Bank appraisal of $697,400 on land and building. Equipment - $100,000 subject to equip- ment invoices of like amount. '75% of PontiacState Bank's prime lending - rate to be adjusted as changes in Pontiac State Bank's prime lending rate occur from time to time. Minimum rate to be -. 'charged at any time during the life -of the bonds to be 9)-,%. Note: Rate will .revert to prime plus 2% in the event that the bonds are deemed taxable by aby authority of competent jurisdiction and in addition shall become fully due and payable upon demand. . • • • - . day of June 8 1 (2c L LEN 4th this #81208 June 4, 1981 Moved by Lanni supported by Jackson the resolution be adopted. AYES: Patterson, Peterson, Price, Whitlock, Wilcox, Aaron, Cagney, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Lanni, Moffitt, Montante, Moore, Page. (19) NAYS: DiGiovanni, Murphy. (2) A sufficient majority having voted therefor, the resolution Was adopted. STATE OF MICHIGAN) 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 copy of Miscellaneous Resolution 1181208 adopted by the Oakland County Board of Commissioners at their meeting held on June 4, 1981 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan Coup Clerk/Register of Deeds