HomeMy WebLinkAboutResolutions - 1999.09.23 - 25878September 23, 1999
MISCELLANEOUS RESOLUTION #99259
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: PLANNING AND ECONOMIC DEVELOPMENT SERVICES DIVISION RESOLUTION
APPROVING PROJECT PLAN (ORCHARD LAKE SCHOOLS PROJECT) - CITY OF ORCHARD LAKE
VILLAGE
To Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS The Economic Development Corporation of the County of Oakland
(the "EDC") has recommended that the Board of Commissioners approve the
Project Plan required by the Economic Development Corporations Act (the "Act")
for the captioned Project, a copy of which has been presented to this meeting
(the "Project Plan"); and
WHEREAS the EDC's recommendations to the Board of Commissioners were
based upon its determinations that the Project is reasonable and necessary to
effectuate the purposes of the Act and that the Project Plan satisfies all of
the requirements of the Act regarding project plans; and
WHEREAS the governing body of the City of Orchard Lake Village, Oakland
County, Michigan, has also approved the Project Plan and given its consent to
the exercise of jurisdiction over the Project by the EDC; and
WHEREAS the Board of Commissioners has held a public hearing to consider
whether the Project Plan constitutes a public purpose as contemplated by the
Act; and
WHEREAS the 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 that the Project Plan is hereby determined
to constitute a public purpose as contemplated by the Act and is hereby
approved; and
BE IT FURTHER RESOLVED that the EDC is hereby authorized to take such
steps as are necessary to implement the Project and the financing thereof by
the issuance of its limited obligation revenue bonds as contemplated by the
Project Plan; and
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to
provide four certified copies of this resolution to the Assistant Secretary of
the Board of the EDC.
Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
Planning and Buildina Committee Vote:
Motion carried unanimously on a roll call vote with Colasanti absent.
l'HE ECONOMIC DEVELOPMENT CORPORATION
OF THE COUNTY OF OAKLAND
Oakland County, Michigan
Orchard Lake Schools Project
PROJECT PLAN
CONTENTS
I. Summary Description of Project (Page I)
2. Project Plan Certification by Company (Page 2)
3. Statutorily Required Information (Page 3)
4. Exhibits
"A" - Project Area Legal Description
"B" - Letter of Credit or Bond Purchaser's Commitment Letter
"C" - Company Certificate Regarding Transfer of Employment
"D" - Company Certificate Regarding Payment of Prevailing Wages
Other
PROJECT PLAN
SUMMARY DESCRIPTION OF
ORCHARD LAKE SCHOOLS PROJECT
OWNER OF PROJECT:
Orchard Lake Schools: SS. Cyril and Methodius Seminary,
Saint Mary's College and Saint Mary's Preparatory
CONTACT PERSON: (Name, address, telephone number)
Mr. Michael J. Loeffler
Orchard Lake Schools
Business Manager
3535 Indian Trail
Orchard Lake, MI 48324
(248) 683-0512
LOCATION OF PROJECT: (Local municipality)
City of Orchard Lake Village
PROJECT AREA/DISTRICT AREA: See Exhibit A
NATURE OF PROJECT:
The Project consists of the construction of a new library, Science Center, Student Union,
computer labs and parking lot and the acquisition and installation of related machinery and
equipment in the City of Orchard Lake Village, County of Oakland, Michigan.
EMPLOYMENT CREATED OR RETAINED:
5 jobs to be created and 210 jobs to be retained
TOTAL PROJECT COST: $6,482,000
BONDS TO BE ISSUED: $6,000,000
LETTER OF CREDIT ISSUER OR BOND PURCHASER: Huntington Capital Markets -
Letter of Credit Bank
DATE AND EXPIRATION DATE OF LETTER OF CREDIT OR BOND PURCHASE
COMMITMENT:
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.
ORCHARD LAKE SCHOOLS
By:
Its:
Dated:
PROJECT PLAN
STATUTORILY REQUIRED INFORMATION REGARDING
ORCHARD LAKE SCHOOLS 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:
All land with the project area is owned by Orchard Lake Schools, a Michigan non-profit
corporation, and is used for educational purposes. The project area is located between
Commerce and Indian Trail Roads. Seminary Road runs through the project.
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:
The College Student Union Building will be expanded by 3,000 square feet to expand the
school's computer labs. Expected completion Fall 2000. Estimated total cost $400,000.
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:
Construction of a new 11,900 square foot Science Center, to be completed by February
2000 at an estimated total cost of $2,565,000. New Library Building to be constructed by fall
2000 at a total estimated cost of $2,985,000. Construction of parking lot in 2000 at a total cost
of $211,000.
IV. A DESCRIPTION OF THE CONSTRUCTION OR STAGES OF
CONSTRUCTION PLANNED, AND THE ESTIMATED TIME OF COMPLETION OF EACH
STAGE:
See V and III above.
3
V. A DESCRIPTION OF THE PARTS OF THE PROJECT AREA TO BE LEFT
AS OPEN SPACE AND THE USE CONTEMPLATED FOR THE SPACE:
Significant open space remains on the 120 acre project area, which is a campus setting
with lawns and a grotto for contemplation.
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:
None.
VILE. A DESCRIPTION OF THE PROPOSED METHOD OF FINANCING THE
PROJECT, INCLUDING ATTACHMENT OF A COPY OF THE LEITER OF CREDIT OR
BOND PURCHASER'S COMMITMENT LETTER:
Variable rate bonds, backed by a letter of credit from Huntington Bank; equity from
capital campaign donations.
Copy of Letter of Credit or 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):
Attached is Exhibit D.
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;
Rev. Msgr. Stanley E. Milewski, Chancellor; Michael J. Loeffler, Business Manager
4
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:
Not applicable.
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:
Not applicable.
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 HOUSING IN THE
COMMUNITY, AND THE ESTIMATED CAPACITY OF PRIVATE AND PUBLIC
HOUSING AVAILABLE TO DISPLACED FAMILIES AND INDIVIDUALS:
Residents of the project area include only administrators, faculty or students of the
schools.
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,
5
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
6
Exhibit A
Legal Description
Supervisor's Plat No. 8
Liber of Plats 53, Page 55
SlDWELL NO. 18-11-176-005
PART OF SECTION 11, T2N, R9E, CITY OF ORCHARD LAKE VILLAGE, OAKLAND
COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF COMMERCE LAKE
ROAD, 66 FT. WIDE, WITH THE CENTERLINE OF ORCHARD LAKE ROAD, 66 FT.
WIDE, WHICH POINT IS DISTANT S.60°47'00"W., 1,735.51 FT. FROM THE
NORTHEAST CORNER OF SAID SECTION 11; THENCE ALONG THE CENTERLINE OF
COMMERCE ROAD, S.69°50'00"W., 2,440.0 FT.; THENCE S.20°10'00"E., 200.0 FT.;
THENCE S.69°50'00"W., 150.0 FT; THENCE N.20°10'00"W., 200.0 FT. TO THE
CENTERLINE OF COMMERCE ROAD; THENCE S.69°50'00"W., 444.88 FT. ALONG
SAID CENTERLINE TO A POINT "A"; THENCE S.69°50'00"W., 430.0 FT. ALONG SAID
CENTERLINE; THENCE S.69°50' 00"W. , TO THE SHORE OF ORCHARD LAKE; THENCE
SOUTHERLY ALONG SAID SHORE 1,940 FT., MORE OR LESS; THENCE N.63 °36'30"E. ,
12 FT., MORE OR LESS, TO A POINT "B" WHICH IS LOCATED S.15°24'30"E., 325.95
FT. AND S.70°31'40"W., 327.16 FT. AND S.35°22'00"E., 431.63 FT. AND S.29°03'50"E.,
704.33 FT. AND S .30 °10'20"E. , 400.14 FT. FROM THE ABOVE MENTIONED POINT "A";
THENCE N.63 °36'30"E., 32.66 FT. TO THE NORTHWEST CORNER OF LOT 41 OF
"ASSESSOR'S PLAT OF ROGERS GROVE" (LIBER 51, PAGE 4); THENCE
N.26°03 '30"W., 10.0 FT.; THENCE N.63°36'30"E., 485.94 FT.;
THENCE S.39°05'10"E., 10.23 FT. TO THE NORTHEAST CORNER OF SAID LOT 41
THENCE ALONG THE NORTHEASTERLY LINE OF "ASSESSOR'S PLAT OF ROGERS
GROVE" S.39°05'10"E., 162.96 FT. AND S.46°27'10"E., 160.0 FT. AND S.53°08'20"E.,
192.28 FT. TO THE NORTHEAST CORNER OF SAID PLAT S.00°56'30"W., 135.0 FT.
AND S.08°56'30"E., 180.38 FT. TO THE SOUTHEAST CORNER OF LOT 47 OF SAID
PLAT; THENCE N.23°11'50"E., 95.41 FT. ALONG THE NORTHWEST LINE OF GRAND
TRUNK WESTERN RAILROAD RIGHT-OF-WAY; THENCE N.09°45'04"W., 96.70 FT.;
THENCE N.01°21'10"E., 93.18 FT. TO A POINT LOCATED S.53 °08'20"E., 61.49 FT.
FROM THE NORTHEAST CORNER OF LOT 45; THENCE N.1°21'10"E., 27.02 FT.,
THENCE N.12°59'10"E., 120.20 FT.; THENCE N.30°01 '10"E., 105.50 FT.;
THENCE N.38°48'10"E., 182.30 FT., THENCE N.28°42'50"E., 260.00 FT.;
THENCE N.23 °11'50"E., 78.34 FT., THENCE ALONG THE NORTHERLY LINE OF
MILITARY AVENUE, AS NOW ESTABLISHED, N.83 '38'02"W., 262.62 FT.;
THENCE N.07°03'30"E., 372.89 FT.; THENCE S.82°44'40"E., 181.20 FT.;
A-1
THENCE S.07°03'30"W., 50.57 FT.; THENCE S.66°50'17"E., 167.07 FT.;
THENCE S.23°15'56"W., 283.45 FT.; THENCE ALONG THE NORTHERLY LINE OF
SAID MILITARY AVENUE, S.83°31'30"E., 33.55 FT.; THENCE ALONG THE
NORTHWESTERLY LINE OF THE GRAND TRUNK WESTERN RAILROAD RIGHT-OF-
WAY, 50 FT. WIDE, N.23°11'50"E., 399.38 FT. AND ON A CURVE TO THE RIGHT,
TANGENT TO LAST DESCRIBED LINE, WHOSE RADIUS IS 2,889.93 FT. AN ARC
DISTANCE OF 1,188.57 FT. CHORD OF SAID CURVE BEARS N.34°58'46"E., 1,180.22
FT.; THENCE ALONG THE CENTERLINE OF ORCHARD LAKE ROAD, 66 FT. WIDE,
N.10°16'20"E., 653.33 FT. AND N.10°44'30"E., 294.92 FT. TO THE POINT OF
BEGINNING, AND CONTAINING 101.1 ACRES OF LAND.
Exhibit B
Letter of Credit or
Bond Purchaser's Commitment Letter
B-1
Exhibit C
COMPANY CERTIFICATE REGARDING
TRANSFER OF EMPLOYMENT
(Orchard Lake Schools Project)
The undersigned, Orchard Lake Schools, a Michigan nonprofit corporation (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 Michigan 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 Orchard Lake Schools 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 more than 20 full-time persons from a municipality (as that term is defined in
the Act) of this State to the City of Orchard Lake Village, Michigan, the municipality in which
the Project will be located.
5. 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.
ORCHARD LAKE SCHOOLS, a
Michigan nonprofit corporation
By:
Its: Chancellor
Dated:
C-1
Exhibit D
COMPANY CERTIFICATE REGARDING
PAYMENT OF PREVAILING WAGES
(Orchard Lake Schools Project)
The undersigned, Orchard Lake Schools, a Michigan nonprofit corporation (the
"Company"), hereby certifies to The Economic Development Corporation of the County of
Oakland (the "EDC") as follows:
1. 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, if improperly made or based upon any material
misrepresentation or inaccuracy, might invalidate the proceedings regarding the Orchard Lake
Schools 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.
2. 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.
ORCHARD LAKE SCHOOLS
By:
Its: Chancellor
Dated:
g: e econdev \ oakland% bond1orchardiprojplan.wpd
D-1
William Caddell, County Clerk
Resolution #99259 September 23, 1999
Moved by Palmer supported by Taub the resolution be adopted.
AYES: Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever,
Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch,
McPherson. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
HE Fn}':....jOING RESOLUTION
7/z1 e'M
Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 September 23, 1999 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 erd d.9,1 of September, 1999.