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HomeMy WebLinkAboutResolutions - 2011.10.20 - 18764MISCELLANEOUS RESOLUTION #11253 October 20, 2011 BY: Planning and Building Committee, David Potts, Chairperson IN RE: WASTE RESOURCE MANAGEMENT UNIT — RESOLUTION TO RESCIND & REVOKE APPROVAL OF A BROWNFIELD PLAN FOR THE 4700 LAPEER ROAD PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen. WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the -Act"), has established a redevelopment of Brownfields Redevelopment Authority and Board (OCBRA) to facilitate the cleanup and redevelopment of Brownfields within Oakland County's communities; and WHEREAS, a Brownfield Plan for the 4700 Lapeer Road site had been approved on March 27, 2007, which called for an office building to be built by Kemp Properties; and WHEREAS, no cleanup or redevelopment has happened, and no future redevelopment is planned; and WHEREAS, Kemp Properties intends to sell the property to Kensington Church as part of a four-parcel church redevelopment; and WHEREAS, Kensington Church is a tax exempt entity and entitled to no tax increment financing tool. They don't intend to use the Brownfield Plan; and WHEREAS the Oakland County Brownfield Redevelopment Authority has rescinded and revoked the approval of the Brownfield Plan for the 4700 Lapeer Road Site; and WHEREAS the members of the Township Board have also rescinded and revoked the approval of the Brownfield Plan for the 4700 Lapeer Road Site, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby rescind and revoke the Brownfield Plan located at 4700 Lapeer Road within the Township of Orion. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote I I/ un er Secretary Oakland County Brownfield Redevelopment Authority RESOLUTION TO RESCIND & REVOKE APPROVAL OF THE BROWNFIELD • DEVELOPMENT PLAN FOR THE 4700 LAPEER ROAD BROWNFIELD SITE Au 2011 WHEREAS, a Brownfield plan for the 4700 Lapeer Road site had been approved on March 27 2007 which called for an office building to be built by Kemp Properties; and, WHEREAS, no cleanup or redevelopment has happened and no future redevelopment is planed; and, WHEREAS, Kemp properties intends to sell the property to Kensington church as part of a four parcel church redevelopment; and WHEREAS, Kensington church is tax exempt entity and entitled to no tax increment financing tool they don't intend to use the Brownfield plan; and, THEREFORE, BE IT RESOLVED, the Brownfield Plan for the 4700 Lapeer Road project was rescinded & revoked by the OCBRA on August 23, 2011 by a majority vote of 5 yeas to 0 Nays. BE IT FURTHER RESOLVED, to recommend the rescinding and revoking of this plan by the Oakland County Board of Commissioners, and its Planning & Building and Finance Committee's Yeas: Lerminiaux, Trigger, Webster, Williams, Wilson Nays: Absent: Gingell, Hunter, Woodward STATE OF MICHIGAN COUNTY OF OAKLAND CHARTER TOWNSHIP OF ORION RESOLUTION CONCURRING WITH THE RESCINDING & REVOKING OF THE BROWNFIELD REDEVELOPMENT PLAN FOR THE 4700 LAPEER ROAD BROWNFIELD SITE RECITATIONS: WHEREAS, the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the "Act"), have established a Brownfield Redevelopment Authority and Board (OCBRA) to facilitate the clean up and redevelopment of Brownfields within Oakland County's communities; and WHEREAS, a Brownfield plan for the 4700 Lapeer Road site had been approved on March 27 2007 which called for an office building to be built by Kemp Properties; and, WHEREAS, no cleanup or redevelopment has happened and no future redevelopment is planed; and, WHEREAS, Kemp properties intends to sell the property to Kensington church as part of a four parcel church redevelopment; and WHEREAS, Kensington church is tax exempt entity and entitled to no tax increment financing tool they don't intend to use the Brownfield plan; and, WHEREAS, the Brownfield Plan for the 4700 Lapeer Road project was rescinded & revoked by the OCBRA on August 23, 2011 by a majority vote of 5 yeas to 0 Nays. WHEREAS, the OCBRA, pursuant to and in accordance with Section 13 of the Act, shall recommend that the Oakland County Board of Commissioners Rescind and Revoke the Brownfield Plan in the Township of Orion, relating to the redevelopment of the property located at 4700 Lapeer Road (the "Property"); and WHEREAS, the members of the Township Board have reviewed the Plan, and have been provided a reasonable opportunity to express their views and recommendations regarding the Plan in accordance with Sections 13(13) of the Act; and NOW THEREFORE BE IT RESOLVED THAT, the Township Board of Trustees of the Charter Township of Orion hereby concurs with the rescinding and revoking of the Plan by the Oakland County Board of Commissioners and by the Oakland County Brownfield Redevelopment Authority. BE IT FURTHER RESOLVED THAT should any section, clause or phrase of this Resolution be declared by the courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid. BE IT FURTHER RESOLVED THA.T all resolutions or parrs of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. AYES: SHULTS, YOUNG, CRANE, PORTER, STEIMEL, FLOOD, VAN TASSEL. NAYS: NONE ABSTENTIONS: NONE ABSENT: NONE CERTIFICATION It is hereby certified that the foregoing Resolution is a true and accurate copy of the Resolution adopted by the Township Board of the Charter Township of Orion at a meeting duly called and held on the 19Th day of September, 2011. By: Penny'S. Shults, CLERK OAKLAND COUNTY BROWNFIE 11) REDEVELOPMENT AUTHORITY BROWNFIELD REDEVZLOPMENT FL/A Amendment No. FOR 4700 S. LLver Road Property Orion Township, Michigan March 26, 2007 Prepared For: Kemp Building and Development 275 West Girard Madison Heights, MI 48071 Prepared By ASTI Environmental 10448 Citation Drive Brighton, Michigan 48116 ASTI Project No. 6081 OAKLAND COUNTY BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN 4700 S. LAPEER ROAD PROPERTY MARCH 26, 2007 Table of Contents Project Summary ..... ......ii II. GENERAL PROVISIONS .................. ..... ...... ....... ......... ..... . ...... 2 A. Description of Eligible Property ...... . ....... ....... ....... ........................... 2 B. Basis of Eligibility 3 III. PROJECT DESCRIPTION . ....... . ...... 4 A. Description of Cost to be Paid & Summary of Eligible Activities 4 B. Estimate of Captured Taxable Value and Tax Increment Revenues Impact of Tax Increment Financing on Taxing Jurisdictions 6 C. Impact of Tax Increment Financing on Taxing Jurisdictions 9 D. Method of Financing & Description of Advnnos.. ...... . .......... 9 E. Plan of Financing Maximum Amount of Indebtedness ........... ..... 9 F. Duration of Plan 9 G. Effective Date of Inclusion In Brownfield Plan ........... 10 H. Displacement/Relocation of Individuals ...... ................. ..... ..... ........ 10 I. Local Site Remediation Revolving Fund ..... 10 J. Other Material ................ ....... ......... ...... . .............. ..... 10 TABLES Table 1: Estimated Tax Recature....... ..... 5 Table 2: Example Tax Capture................. ........ .......... ........ ......... ...... Table 3: Funding Sources 11 ATTACHMENTS Figure 1: Site Location Map Figure 2: Site Features Map Estimated Total Investment: Annual Tax Revenues Before Project: Annual Tax Revenues After Project: Basis for Eligibility: Eligible Expenses: Years for Reimbursement: OAKLAND COUNTY BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN 4700 S. LAPEER ROAD PROPERTY MARCH 26, 2007 Project Name: Developer: Project Location: Project Overview: Eligible Activities: Project Summary Kemp & Peyerk Orion Kemp Building and Development Single parcel located at 4700 S. Lapeer Road in Orion Township, Michigan The project will redevelop 3.87 acres of former industrial property. The Property consists of vacant land previously containing a single building. Historically the site was light industrial use including a steel fabrication and metal working operation from the 1960s, until it burned down in 2006. Remediation of environmental impacts will be completed as part of this project. $4,800,000 $10,900 (based on adjustment for vacant land) $101,000 (total tax based on estimated value of real property as of 2008 when project is complete) The parcel is contaminated and therefore qualifies as a facility as defined in Part 201 of Michigan Act 451. Eligible activities include remediation of environmental impacts, environmental investigations, due care, administrative controls, and preparation of environmental reports. $275,000 11 (using assumptions described in the Plan, Table 1) II BROWNFIELD PLAN 4700 S. LAPPER ROAD PROPERTY MARCH 26, 2007 INTRODUCTION The Oakland County Brownfield Redevelopment Authority (the Authority) was created by Oakland County (the County) under the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as amended (Act 381). The primary purpose of Act 381 and the Authority is to encourage the redevelopment of contaminated property by providing economic incentives through tax increment financing for eligible activities and Brownfield Redevelopment Single Business Tax Credits for eligible investments. The Oakland County Brownfield Plan (the Plan) describes what defines a property as an "eligible property", including conditions for classifying a property as a "facility". In addition, it describes the extent of the proposed redevelopment project, the methods for redevelopment, and the amount of tax dollars generated by the project that will be used to finance the redevelopment. Once approved, the Plan will serve as a guide for implementation of the project, This Plan Amendment describes the redevelopment of a former light industrial and steel fabrication facility located at 4700 S. Lapeer Road in Orion Township, Michigan. The Plan Amendment includes all information required by the Authority for review and approval. All terms used in this Plan are defined as provided in the applicable statues, including; The Brownfield Redevelopment Financing Act, 1996, Michigan Public Acts 381, M.C.L. § 125.2651 et seq., as amended; Sections 38d and 38g of the Single Business Tax Act, 1975 Michigan Public Acts 228, M.C.L. § 208.1-208.145, as amended; and Part 201 of the Natural Resources and Environmental Protection Act, 1994 Michigan Public Acts 451, M.C.L. § 324.20101 et seq., as amended (Part 201). All references in section headers are for The Brownfield Redevelopment Financing Act, 1996, Michigan Public Acts 381, M.C.L. § 125.2651 et seq., as amended. 1 Oakland County Brownfield Plan Amendment 4700 S. Lapeer Road Property II. GENERAL PROVISIONS A. Description of Eligible Property (Section 13(1)(h)) The eligible property for this Plan consists of a single parcel of approximately 3.87 acres located on Lapeer Road, just north of Brown road and west of S. Lapeer Road in Orion Township, Oakland County, Michigan (Figure 1). The Property is currently vacant, consisting of the former building slab foundation, two truck wells, asphalt parking area, concrete drive, wooded and lowland areas, and landscaping (Figure 2). The Property was used as a farmstead from at least 1940 through the 1960s. Between 1963 and 1972, a light industrial building was constructed on the eastern portion of the Property. The building was renovated and approximately 20,000 square feet were added to the building in 1974. The building was used for storage by Canterbury Village between 1996 and the time the building burned on January 6, 2006. The Property is currently zoned for light industrial use. The developer, Kemp Building and Development (the Developer) intends to construct and lease a light industrial building on the property. The legal description for the Eligible Property is as follows. T4N, R10E, SEC 35 PART OF E 1/2 OF WEST 1/2 OF SEC BEG AT PT DIST N 87-50-35 E 1295.30 FT & N 01-01-51 w 1679.33 FT & n 89-35-34 E 577 FT FROM SW SEC COR, TH N 89-35- 34 E 616 FT, TH N 00-24-26 W 225 FT, TH S 89-35-34 W 420 FT, TH N 00-24-26W 150 FT, TH S 89-35-34W 200.20 FT, TH S 01-02-56 e 375.02 FT TO BEG 3.87 A3-22-96 FR 017 Personal Property: Personal property will be included as part of the Eligible Property and the value of the personal property is an eligible investment for the purpose of calculating the amount of the Brownfield Redevelopment Single Business Tax Credit for 2 Oakland County Brownfield Plan Amendment 4700 S. Lapeer Road Property the project. As described below, personal property is not included in the estimates of incremental taxable value provided in Table 2. The Property and improvements, including tangible personal property to be located thereon, will comprise the eligible property (the Eligible Property). B. Basis of Eligibility (Section 13(1)(h)) The Property is an eligible property because it is a "facility" as defined by Part 201 of Michigan Act 451. A review of historical sampling data indicates concentrations of VOCs and metals in soil and groundwater at several locations throughout the Property that exceed the MDEQ's Generic Residential Cleanup Criteria (refer to the Baseline Environmental Assessment dated November 3, 2006). Most of the impacted boring locations are on the western portion of the Property, to the east of the truck well. Environmental conditions were initially observed by ASTI Environmental of Brighton, Michigan during a Phase I environmental site assessment conducted on April 28, 2006. A subsurface investigation was conducted at the Property on June 28, 2006 in regard to historical uses first identified during the Phase I investigation. On October 6, 2006, an additional subsurface investigation was conducted to delineate soil and groundwater impacts identified during the June 2006 investigation. A total of 14 soil borings have been completed throughout the Property during the two subsurface investigations. Subsurface investigations indicate impacts in the western and central portion of the Property. The impacted soil samples were collected from a depth of 10 to 12 feet below ground surface. Concentrations of VOCs in excess of the Csat and/or industrial closure criteria have been identified in the western portion of the site, to the east of the truck well. Concentrations in excess of Csat values indicate potential for free product. 3 Oakland County Brownfield Plan Amendment 4700 S. Lapeer Road Property Ill. PROJECT DESCRIPTION A. Description of Cost to be Paid With Tax Increment Revenues & Summary of Eligible Activities (Section 13(1)(b)) The "eligible activities" planned for the site are identified by Act 381, and include environmental investigation, remediation, due care, administrative costs, and closure documentation, which are defined as those activities necessary to identify and remedy impacts above the applicable clean-up criteria in order to prepare the site for construction. In specific, these activities include, but are not limited to, the following: 1. Environmental Investigations: Soil and/or groundwater investigations; 1) to further delineate the nature and extent of identified impacts that have occurred from historical uses; 2) to assess environmental conditions on the subject property; and 3) as required to provide closure documentation following soils remediation. 2. Environmental Remediation and Due Care Activities Soil contamination identified on-site will be remediated. An estimated 4,500 cubic yards of soil will be excavated from the impacted area and transported to an appropriate waste disposal facility. The upper portion of the excavated soils may be used for backfill material if laboratory analysis determines that the soils are appropriate for backfill. Approximately 15,000 square feet of concrete overlying the impacted remediation area will be broken up and transported to a concrete recycling facility. Removal of concrete and contaminated soils, preparation of Due Care Plans and due diligence documentation, and preparation of work plans are included in this activity. 3. Contingency A 15% contingency factor has been included to accommodate unexpected conditions that may be encountered during redevelopment. In addition to the eligible activities described above, this Plan includes administrative fees for the Oakland County Brownfield Redevelopment Authority (OCBRA) at 10% of the total tax increment revenues for each year, and capture of an additional five years of taxes for the local Revolving Loan Fund. 4 Oakland County Brownfield Plan Amendment 4700 S. Lapeer Road Property The estimated costs for the eligible activities are listed in Table 1 below and reimbursement is illustrated in Table 2 attached. Table 1 Estimated Costs of Eligible Activities Eligible Activities 1. Environmental Investigation 2. Environmental Remediation and Due Care Contingency (15%) Total Eligible Activities Estimated Tax Capture $6,000 $232,808 $35.821 $274,629 The above costs are only estimations and may increase or decrease depending on the actual conditions encountered on the Property. If necessary, this Plan may be amended to add or delete eligible activities and their estimated costs. Financial support will be provided by the Authority in the form of Tax Increment Financing (TIF) to reimburse the Developer, including its successors and assignees, for the actual cost of eligible activities on the Eligible Property, as authorized by Act 381, and to allow a qualified taxpayer to apply for a State of Michigan Brownfield Redevelopment Single Business Tax Credit. No cost shall be reimbursed by taxes unless they are activities implemented pursuant to a development agreement approved by the Township B. Estimate of Captured Taxable Value and Tax Increment Revenues (Section 13(1 )(c)) The Brownfield Plan total estimated cost of the eligible activities to be reimbursed through the capture of tax increment revenue is provided in Table 2. Based on the assumptions listed below, tax capture for reimbursement of eligible activities as described in Section III(A) above is estimated at 11 years. The Township will capture an additional five years, for a total duration of 16 years. As described below, 5 Oakland County Brownfield Plan Amendment 4700 S. Lapeer Road Property conservative assumptions were included in the captured taxable value and tax rates. These assumptions are used for illustrative purposes only, and are not intended to limit reimbursement of the actual annual tax capture amount described in Section III(A) above. The following assumptions have been used to prepare Table 2. 1. The development project will be completed in 2008. 2. Only local taxes are included in calculating recapture. 3. Although the most recent taxable value of the Property is $528,460, for purposes of calculating the incremental taxable value, the Initial Taxable Value of the Property is assumed to be the purchase price as indicated in Table 2. 4. Personal property, although anticipated to be part of the value added to the Property, has not been included in the tax table. Estimated Tax Increment Revenue Captured by the Authority: Over the life of the Plan the maximum tax increment captured by the Authority will be as follows. Oakland County Brownfield Redevelopment Authority Administrative Fees (16 years): $46,000 Revolving Loan Fund (5 years) $145,000 The Initial Taxable Value will be set by the next assessment role for which equalization will be completed following the date the resolution adding the eligible property in the Brownfield Plan is adopted. The captured incremental taxable value and associated tax increment revenue will be based on the actual increased taxable value from all taxable improvements on the Property and the actual millage rates levied by the various taxing jurisdictions during each year of the Plan. 6 Oakland County Brownfield Plan Amendment 4700 S. Lapeer Road Property Eligible Activity Environmental Response Activities: Redevelopment Activities: Total Eligible Expense: 274,629 274,629 Year Percent Complete Incremental Taxable Value Personal Property Total Taxable Value 100% 100% $ 1,538,730 5 1,584,892 - s 100%, 100% $ 1,532.47P $ 1,681,412 - $ 100% O 1,783,810 $ - $ 5 1,783,810 $ 100% 1,602,444 $ - $ 1.692.444 $ 21_110/ 2008 2009 2010 2041 2012 100% $ 1,731,055 $ 1,538,730 5 1,584,892 5 1,632,439 S 1,681,412 $ 100% 1,837,325 1,837.725 0% 100% 1,049,716 FINANCIAL ANALYSIS Table .1 . xample Total Tax Capture 4700 S. Lapeer Rea March 6, 2007 Jurisdiction: Orion Township School District: Lake Orion Schools Property Type: Industrial Assumptions Property Value: $ 3,362,826 Projected Taxable Value: $ 1581,413 Initial Taxable Value $ 187,500 Incremental Taxable Value. $ 1,493,913 Total Total MI11531000 12,1165 $ - $ 1.3900 $ 43,112 $ 2.8000 $ 86,845 $ 1.5844 5 49.142 $ 3.3690 5 104,493 $ 0.2415 $ 7490 $ 0.2146 S 6.655 $ 0.9916 S 30.755 $ 1.9832 $ 61,511 5 1.4189 $ 44.009 5 0.8200 ,$ 25.433 $ Total Tax Capture for All Eligible Activities Millage Category Vitayr Operating Courtly Operating County Education OCC Operating ISD (All) County Parks Metro Parks Fire Police Library Operating Township General Safety Rallis Lake Orion School Debt School Operating School SET Total Incremental Tax $ - S - $ - $ $ 2,139 $ 2203, $ 2.269 $ $ 4,308 $ 4,438 $ 4,571 $ $ 2,438 $ 2,511 $ 2.506 s $ 5,184 $ 5,340 $ 5,500 5 $ 372 $ 383 $ 394 $ $ 330 $ 340 $ . 350 $ $ 1,526 $ 1,572 $ 1,619 $ $ 3,052 $ 3,143 $ 3,237 $ $ 2,183 $ 2,249 $ 2,316 $ $ 1,262 $ 1,300 $ 1,339 $ 0.2382 $ 7.388 $ - $ 367 $ 376 $ 389 $ 7 4910 $ - $ - $ - $ - $ - $ 18 0000 $ - $ - $ - $ - $ - $ 6.0000 $ - $ - $ - $ - $ - $ $ - $ - $ - $ - 2,337 $ 2,407 5 2.479 5 2,554 $ 2,630 $ 2,709 4,708 $ 4,849 $ 4,995 $ 5.145 $ 5,299 $ 5,458 2,664 $ 2,744 $ 2,826 5 2,911 9 2,998 $ 3,088 5,665 $ 5,535 $ 6,010 $ 6,199 $ 6,376 $ 6,567 406 $ 410 $ 431 $ 444 $ 457 5 471 361 $ 372 $ 383 $ 394 5 405 $ 418 1,667 $ 1,717 $ 1,769 9 1,822 5 1,877 $ 1,933 3,335 11 3,435 9 3,538 $ 3.644 9 3,753 5 3,866 2,365 $ 2,457 $ 2,531 $ 2.607 $ 2,685 $ 2,766 1,379 5 1 420 $ 1,463 $ 1,507 $ 1,552 $ 1,598 491 $ 413 $ 425 $ 438 5 451 $ 464 - $ - $ - S - s - a _ - $ - $ - $ - s - $ _ - 5 - $ - $ - $ _ 58.6589 5 466,834 $ - $ 23,160 $ 23,855 $ 24,570 $ 25,308 $ 26,067 $ 26.849 $ 27,654 5, 28.484 $ 29,338 Total $ 274,628 $ 46,683 $ - $ Tan Capture for Reimbursement: Capture for Brownfield Authority7 Capture for Bond Repayment Capture for RLF Total Capture: Notes: Properly and Taxable Values assume conservative costs and lax rates as described in the Brownfield Flan, are tor Nusbaumn only, and de not represent actual costs. The Initial Taxable! Vaff e is an adjusted value based on recent and purchase price. $ 20,844 $ 21,469 $ 22,113 $ 22,777 $ 23.460 $ 24,164 $ 24,869 5 25.636 $ 26,405 $ 2,316 $ 2,385 $ 2,457 $ 2,531 $ 2,607 $ 2,585 $ 2,765 $ 2.848 $ 2,934 $ - $ - $ - $ - $ - $ - $ - $ - 5 $ 145,523 $ - 5 - $ - $ - $ - 5 - $ - $ - $ - S - $ 466,834 11 - $ 23,160 $ 23,855 $ 24,570 $ 25,308 $ 26.067 $ 26,849 $ 27,654 5 28,484 3 29.338 Printed 3/62007 7 20 18 ....11n1'.,1:4,2019 2020 2021 2. 22 2023 2024 2025 2026 2027 EINEM! 100111 100% 100% $ 2.259 677 $ 2,327,458 $ 2,397,292 - $ $ 2,259,677 $ 2,327,468 $ 2,397.292 100% 1000', 100% $ 2,469,211 $ 2,543,287 $ 2,519,585 $ 2,608,173 - $ - s - $ $ 2.469,211 $ 2,543,287 $ 2,619,585 $ 2,600 173 100% 2.193,862 2,193;362 100% - $ - - $ - $ - $ - $ s - $ - $ IINANCIALANA 1 IS Table 2 - Exarnp *total Tax Capture 4700 S. Lapeer Road March 6, 2007 Jurisdiction, Orion Township School District: Lake Orion Schools Property Type: Industrial Assumptions Property Value: S '3 362,826 Projected Taxable Value: 0 1,681 13 Initial Taxable Value $ 187,500 Incremental Taxable Value: $ 1,493,913 Eligible Activity EnvIronrnentel Response Activities: $ 274,629 Redevelopment Activities: $ Total Eligible Expense: $ Year Percent Complete 100% 100% 100% Incremental Taxable Value $ 2,007,694 $ 2,067,925 $ 2.129,963 $ Presonal Property $ - $ - $ - $ Total Taxable Value $ 2,007,694 $ 2,067,925 5 2,129,963 $ Total Millage Category Mills/$1000 Total Tax Capture for All Eligible Activitiea Village Operating 12.1165 $ - $ - $ - $ - $ - $ - $ - $ - S - $ Caunly Operating 1.3900 $. 2791 $ 2,874 $ 2,961 $ 3,049 $ 3,141 $ 3.235 $ 3,332 $ - $ - S County Education 2.8000 $ 5,622 5 5,790 $ 5,964 $ 6,143 $ 6,327 $ 6,517 $ 6,712 $ - $ - 5 OCC Operaling 1.5644 $ 3,181 $ 3,276 $ 3,375 $ 3,476 $ 3,580 $ 3,690 $ 3799 $ - $ - $ - $ ISO (All) 3.3690 $ 6.764 5 6,967 $ 7,176 $ 7,391 $ 7,613 $ 7,841 $ 8,076 $ - $ - $ - s ' County Parks 12415 $ 485 S 499 $ 514 $ 530 $ 546 $ 562 $ 579 $ - $ - $ - S Metro Parks 0.2146 $ 431 S 444 $ 457 $ 471 $ 485 $ 499 $ 514 $ - $ - $ - S Fire 0.9916 $ 1,991 $ 2,051 $ 2,112 $ 2,175 $ 2,241 $ 2,308 $ 2,377 $ - $ - $ Police 1.9832 $ 3,982 $ 4,101 5 4,224 $ 4,351 $ 4,481 $ - 4,616 5 4,754 $ - $ - $ - S Library Operating 1.4189 $ 2,849 5 2,934 $ 3,022 $ 3,113 $ 3,206 $ 3,302 $ 3,402 5 - $ - $ Township General 0.8200 $ 1,646 $ 1,696 $ 1,747 $ 1,799 $ 1,853 $ 1,909 $ 1,966 $ - $ - $ - $ Safely Paths 0.2382 $ 478 5 493 $ 507 $ 523 $ 538 $ 554 $ 571 $ - $ - $ - $ Lake Orion School Debt 7.4910 $ - $ - S - $ - $ - $ - $ - 5 - $ - $ - $ School Operating 18 0000 $ - $ - S - $ - $ - $ - $ - $ - $ - $ School SET 6.0000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Total Incremental Tax 58.6589 $ 30,219 $ 31,125 $ 32.059 $ 33.021 $ 34,011 $ 35,032 $ 36,083 5 - $ - $ 274,629 Tax Capture for Reimbursement: $ 27,197 $ 28,013 $ 7.)62 5 - $ - $ - $ - $ Capture for SM,Nnfield Authority: $ 3,022 $ 3,113 $ 3,206 S 3,302 $ 3,401 $ 3,503 $ 3,608 S Capture for Bond Repayment $ - $ - $ - s - $ - $ - $ - s Capture for RLF 5 :.- '.11- i 5 P9.7113 .1.- -00.O-K 5 21,52 S . . Total Capture $ 30,219 $ 31,125 $ 32,059 5 33,021 5 34.011 $ 35,032 $ 36,083 $ Notes: Property and Taxable Values assume conservative costs and tax rates as described in the Bromfield Plan, are Per illustration only, and do not represent actual costs. The Initial Taxabte, Value is an adjusted value bounder recent land purchase price. P,rtted 3/5/2007 C. Impact of Tax Increment Financing on Taxing Jurisdictions (Section 13(1)(g)) See Table 2 attached to this Plan for a detailed breakdown of the estimated impact of tax increment financing on the revenues of the taxing jurisdictions in which the Eligible Property is located. The Property includes one school district: 63230- Lake Orion Schools D. Method of Financing and Description of Advances by the Municipality (Section 13(1)(d)) The Development will be financed through private financing arranged by the Developer. E. Maximum Amount of Indebtedness (Section 13(1)(e)) The Authority is not responsible for any cost of eligible activities and will incur no debt. No advances have been or shall be made by the Township or the Authority for the costs of eligible activities under this Plan. F. Duration of Plan (Section 13(1)(f)) The Plan will remain in effect for as many years as is required to fully complete the reimbursement of eligible expenses for the project, or 30 years, whichever is less. G. Effective Date of Inclusion in Brownfield Plan The Property will become a part of this Plan on the date this Plan is approved by the Authority. 9 Oakland County Brownfield Plan Amendment 4700 S. Lapeer Road Property H. Displacement/Relocation of Individuals on Eligible Property (Section 13(1)(i-I)) There are no persons residing on the eligible propefty to which this Plan applies, and therefore there are no families to be displaced or relocated. I. Local Site Remediation Revolving Fund (Section 13(1)(m)) Taxes will be captured from this Project for the Local Site Remediation Revolving Fund during the five years following the complete capture of taxes for reimbursement of eligible activities described in Section III(A) above. These funds will be used for investigation and remediation on other Brownfield sites located within the Authority. No funds from the Local Site Remediation Revolving Fund shall be used to finance the costs of eligible activities on the Eligible Property under this Plan. J. Other material that the Authority or Governing Body Deems Pertinent (Section 13(1)(n)) Because of the challenges and costs associated with redevelopment of an industrial facility, this project requires Brownfield incentives to succeed. Challenges include impacts to soil in the western portion of the site, the potential for difficulties during the excavation process, and the potential for unanticipated impacts to be discovered during site preparation and construction. Costs associated with site preparation needed to mitigate challenges created by previous site usage and development are anticipated to be over $270,000 as described in this Plan. Funding for these expenses is anticipated to come from the following sources. As described above and illustrated below, the Developer may apply for school tax capture and the Brownfield single business tax credit. Table 3 10 Oakland County Brownfield Plan Amendment 47005. Lapeer Road Property $6,400 15% $960 $7,360 $238,808 15% $35,821 $274,629 Total Above $4,202,726 Contingency 15% $630,409 Total With Contingency $4,833,135 $298,783 $3,593,735 15% 15% $44,817 $539,060 $343,600 $4,132,796 Funding Sources Environmental TIF Do. ..ys,11:43p.r. Investments Total Cost Grant Funded Fund ::0•1: SET Credit —rer'AIWY $0 $6,400 $0 Site Acquisition $403,750 Environmental I nvestig ation/Rerned lotion $269,150 Site Preparation $70,000 Infrastructure $412,000 Demolition $60,000 Construction Costs $2,230,000 Other Construction Costs $757,826 SO $0 $403,750 $238,808 $0 $23,942 SO $0 $70,000 $0 $0 $0 $347,000 $0 $0 $0 $60,000 $0 $0 $223,000 $2,007,000 $0 $0 $75783 $682,043 Upon approval of a Brownfield Plan for eligible property or the inclusion of additional parcels of eligible property in a Brownfield Plan where the owner/operator proposes to seek reimbursement of costs for eligible activities at eligible property, the Oakland County Brownfield Authority (OCBRA) shall require the owner/operator to comply with the terms and conditions specified herein including the schedules governing the capture of taxes, requests for reimbursement, required documentation, determination of eligible activities and reimbursement process as more fully defined below. Parties seeking reimbursement of costs of eligible activities attributable to eligible property should submit to the OCBRA requests for reimbursement on a monthly basis. These requests should include the following: 1. Reference to the Approved Brownfield Plan and parcel. 2. The total amount of the current monthly reimbursement request. 3. The total amount of the reimbursement requests sought to date pursuant to the Approved Brownfield Plan. 4. Identification of each eligible activity as a line item, the associated costs, with copies of detailed invoices for the eligible activities and proof of payment. (Parties seeking reimbursement should request detailed billings from 11 Oakland County Brownfield Plan Amendment 4700 S. Lapeer Road Property contractors splitting out fees and costs of eligible activities from other services.) 5. Other inforrnation and docume,ntatioi-1 that may ss he OCBRA in determining whether the costs are for eligible activities attributable to an eligible property and that the costs are reasonable. This documentation may include evidence of a competitive biding process and/or evidence that the costs are for eligible activities. 6. Certification by an authorized representative of the party seeking reimbursement that a) he or she has reviewed the request for reimbursement, b) the costs are for eligible activities attributable to eligible property, c) the request is for costs incurred and paid and d) he/she is authorized to seek reimbursement and to make the certification on behalf of the party seeking reimbursement. The OCBRA will make the final determination of eligibility for all requests for reimbursement. Reimbursements will take place as tax capture allows. Reimbursement payment is expected to occur biannually: Within 90 days of receipt of taxes. No payments will be made if property taxes on any of the eligible properties are delinquent. The OCBRA will make every effort to follow the reimbursement schedules as specified in the OCBRA Brownfield Plans. For a specific Brownfield Plan, the OCBRA will not reimburse prior to or in excess of the amount of taxes captured from the eligible property. Shortfalls in capture will result in proportionate reductions in allocations made for eligible activity reimbursements. OCBRA administrative and legal costs for establishment and administration of the Brownfield Plan governing the eligible property take priority for reimbursement over all other eligible costs. Any residual administrative allocations not expended in a fiscal year will be carried forward to reimburse eligible administrative costs of the OCBRA. 12 Oakland County Brownfield Plan Amendment 4700 S. Lapeer Road Property The OCBRA reserves the right to deny or make partial reimbursement of requests for reimbursement, which it deems not in accordance with the Brownfield Plan, the Act and procedures, established by OCBRA for reimbursement. 13 Oakland County Brownfield Plan Amendment 4700 S. Lapeer Road Property Attachments OAKLAND COUNTY BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN 4700 S. LAPEER ROAD PROPERTY MARCH 6, 2007 3.87-Acre Property 4700 S. Lapeer Road, Orion, Twp, MI mumnsw Feet -7 2,000 1,000 0 2,000 E,14:1P Created for: Kemp Building & Development Created by: ALM, May 8, 2006, ASTI Project 6235 Site Location Map The Site Features map has been excluded from this copy of the Brownfield Plan I HEREBY APPROTHE FOR Resolution #11253 October 20, 2011 Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 20, 2011, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 20 th day of October, 2011. dQ4 Bill Bullard Jr., Oakland County